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Content type: Long Read
On 8 September 2017, the Investigatory Powers Tribunal decided to refer questions to the Court of Justice of the European Union (‘CJEU’) concerning the collection of bulk communications data (‘BCD’) by the Security Intelligence Agencies from mobile network operators.
The BCD regime was initially secret. In an earlier judgment, the Investigatory Powers Tribunal ruled that the regime was not compliant with the European Convention on Human Rights prior to its public avowal, but (subject to…
Content type: Press release
On 5 October 2017, Privacy International will appear before the UK Court of Appeal to continue its challenge to the British government's large scale hacking powers. The case questions the decision by the Investigatory Powers Tribunal (IPT) to sanction the UK government's power to hack broad categories of people or property without any individualised suspicion.
TIMELINE AND KEY POINTS
- Privacy International began fighting bulk government hacking in 2014 at the…
Content type: Long Read
This piece was originally published in Just Security in August 2017
We recently published an analysis in Lawfare of the United Kingdom’s surveillance framework as it relates to the proposed U.S.-U.K. agreement for cross-border law enforcement data requests. Implementing the U.S.-U.K. agreement is subject to passage of draft legislation proposed by the Justice Department to Congress in July 2016 (“U.S. DOJ legislation”), which will set standards that approved partners like the U.K.…
Content type: Long Read
This piece was originally published in Lawfare in July 2017.
The United Kingdom has been a key partner in the United States’ efforts to reform the process that law enforcement officials use to make cross-border requests for data. These efforts address both foreign governments’ requests for data stored in the U.S. and reciprocal requests by the U.S. government for data stored abroad. As part of these efforts, the U.S. and the U.K. have negotiated a draft bilateral agreement (“U…
Content type: Press release
Please find attached a copy of the briefing along with promotional photographs with the briefing.
Privacy International has today sent top EU and UK Brexit negotiators* a briefing on their vulnerability to potential surveillance by each other, and others. Brexit negotiations are to begin today.
The global privacy rights NGO has highlighted to the negotiators the risk of sophisticated surveillance capabilities being deployed against each other and by others, and provided…
Content type: Long Read
This piece was originally published in Lawfare in May 2017.
This post is part of a series written by participants of a conference at Georgia Tech in Surveillance, Privacy, and Data Across Borders: Trans-Atlantic Perspectives.
Cross-border law enforcement demands have become increasingly important to law enforcement in the digital age. Digital evidence in one jurisdiction—such as the United States—is often necessary to investigate a crime that has effects in another jurisdiction…
Content type: Long Read
Disclaimer: This piece was written in April 2017. Since publishing, further information has come out about Cambridge Analytica and the company's involvement in elections.
Recently, the data mining firm Cambridge Analytica has been the centre of tons of debate around the use of profiling and micro-targeting in political elections. We’ve written this analysis to explain what it all means, and the consequences of becoming predictable to companies and political campaigns.
What does…
Content type: Long Read
Introduction
A growing number of governments around the world are embracing hacking to facilitate their surveillance activities. Yet hacking presents unique and grave threats to our privacy and security. It is far more intrusive than any other surveillance technique, capable of accessing information sufficient to build a detailed profile of a person, as well as altering or deleting that information. At the same time, hacking not only undermines the security of targeted systems, but also has…
Content type: News & Analysis
Brexit and Privacy
It's as clear as mud, what it means when a country decides to willingly pull out of a trading bloc, a policy coordination mechanism, a relatively democratic network, and a framework for the free flow of people, data, and rights. Meanwhile today the minister in charge of surveillance for the past six years will assume the leadership of the country.
There is much speculation as to what is next. Here's our take. Importantly, there's a lot to be worried about, some to like…
Content type: News & Analysis
This piece was written by PI Research Officer Edin Omanovic and originally appeared here.
Whatever happens over the next few years, if there is to be a storm, then it is best to prepare. It is essential that western liberal democratic societies are resilient enough to uphold their fundamental values.
One of the UK’s biggest security assets is one of its biggest security threats. The UK’s spies have access to and are allowed to exercise some of the most sophisticated electronic…
Content type: Press release
For further information please contact PI Legal Officer Millie Graham Wood: [email protected]
For media enquiries please contact [email protected]
Documents obtained by Privacy International reveal the existence of a secret oversight function given to the Intelligence Services Commissioner (ISC), in operation since at least 2014. The details of this function, referred to as the ‘third direction’, remain redacted and only came to light following…
Content type: Press release
Caroline Wilson Palow, General Counsel at Privacy International
“The passage of the Investigatory Powers Act is a major blow to the privacy of people in the UK and all over the world. It sets a world-leading precedent, but not one of which the Government should be proud. Instead of reining in the unregulated mass surveillance practices that have for years been conducted in secret and with questionable legal authority, the IPA now enshrines them in law. Widespread surveillance is an antithesis…
Content type: Press release
Privacy International has today written to government ministers, members of the opposition, and oversight bodies reaffirming its call for the UK government to reveal secret intelligence sharing arrangements with the United States.
The original UKUSA agreement — drafted shortly after World War II — allows UK and US agencies to share, by default, any raw intelligence, collection equipment, decryption techniques, and translated documents.
Current arrangements also allow US…
Content type: Long Read
This piece was written by Ashley Gorski, who is an attorney at the American Civil Liberties Union, and PI legal officer Scarlet Kim and originally appeared in The Guardian here.
In recent weeks, the Hollywood film about Edward Snowden and the movement to pardon the NSA whistleblower have renewed worldwide attention on the scope and substance of government surveillance programs. In the United States, however, the debate has often been a narrow one, focused on the…
Content type: Long Read
On 17 October 2016, the Investigatory Powers Tribunal handed down judgment in a case brought by Privacy International against the Foreign Secretary, the Home Secretary and the three Security and Intelligence Agencies (MI5, MI6 and GCHQ).
The case concerned the Agencies’ acquisition and use of bulk personal datasets (‘BPD’) – datasets that contain personal data about individuals, the majority of whom are unlikely to be of intelligence interest, such as passport databases and finance-related…
Content type: Long Read
This week, Privacy International, together with nine other international human rights NGOs, filed submissions with the European Court of Human Rights. Our case challenges the UK government’s bulk interception of internet traffic transiting fiber optic cables landing in the UK and its access to information similarly intercepted in bulk by the US government, which were revealed by the Snowden disclosures. To accompany our filing, we have produced two infographics to illustrate the…
Content type: Press release
Key points
Privacy International, Liberty, Amnesty International, and seven other human rights organizations challenge UK mass surveillance and UK access to US mass surveillance at the European Court of Human Rights
This is the first case before the European Court of Human Rights to directly challenge UK and US mass surveillance revealed by the Snowden disclosures
National courts and oversight bodies have failed to rein in mass surveillance practices that impact hundreds of millions of…
Content type: Press release
Caroline Wilson Palow, General Counsel, Privacy International said:
“David Anderson QC’s report raises more questions than it answers.
Anderson has not assessed the proportionality of the bulk powers he reviewed. Ultimately, the proportionality question is the crucial one. Would the public find these kind of powers acceptable in a democratic society given their potential to vastly intrude into our privacy? Mere usefulness cannot be and is not the legal test for whether bulk powers should be…
Content type: Press release
Today, Privacy International, together with five internet and communications providers from around the world, have lodged an application before the European Court of Human Rights to challenge the British Government's use of bulk hacking abroad. Until we brought our original case at the Investigatory Powers Tribunal (IPT) in 2014, the Government had never admitted that it engaged in hacking. Now we are learning for the first time how far-reaching the Government's global hacking capabilities are…
Content type: News & Analysis
Privacy International is today proud to release the Surveillance Industry Index (SII), the world's largest publicly available educational resource of data and documents of its kind on the surveillance industry, and an accompanying report charting the growth of the industry and its current reach.
The SII, which is based on data collected by journalists, activists, and researchers across the world is the product of months of collaboration between Transparency Toolkit and Privacy…
Content type: Long Read
Privacy International’s case on Bulk Personal Datasets and Bulk Communications Data comes to a head with a four-day hearing in the Investigatory Powers Tribunal which commenced on 26 July 2016.
The litigation has brought to light significant revelations about the use of section 94 of the 1984 Telecommunications Act to obtain bulk communications data.
Large amounts of disclosure have shed new light on this hitherto secret power and explained confusing aspects of the Government’s Response to…
Content type: Press release
Privacy International General Counsel Caroline Wilson Palow said
"Today's opinion issued by the Advocate General of the European Court of Justice (ECJ) is a serious blow to the UK's Investigatory Powers Bill (IPBill). It, hopefully, presages a strong judgment from the Court itself.
The bulk powers - what we would call mass surveillance powers - embedded throughout the IPBill go far beyond tackling serious crime. They would give a range of public bodies, not just the Police and…
Content type: News & Analysis
One of the most controversial aspects of the UK's Investigatory Powers Bill proposes the storing by ISPs and mobile network providers of 'Internet Connection Records' (ICRs). While vaguely defined, they will include your internet browsing history (although the Government is at pains to clarify that only the websites you visit, not the specific webpages on those websites will be stored), and what apps you have accessed, over the previous 12 months.
Clearly then ICRs are personal…
Content type: Press release
A new Twitter Bot, launched today by the global privacy rights organisation Privacy International, ‘reveals’ the internet browsing history of leading politicians, as well as details of their telephone, text message, WhatsApp, and even Snapchat communications. @GCHQbot has been launched to raise the profile of the sensitivity of our internet browsing history and communications data, on the day that the Investigatory Powers Bill begins its Committee Stage in the House of Lords.
Bot: …
Content type: Press release
Today Sir Stanley Burnton, the Interception of Communications Commissioner, published a highly critical review of the use of Section 94 of the Telecommunications Act 1984 for gathering vast amounts of our communications data in bulk. This obscure clause pre-dates the internet era, but has been used for nearly two decades for mass surveillance. Today is the first time that these powers have been criticised by an independent statutory body. IOCCO is critical of the Government's use of these…
Content type: Long Read
This piece originally appeared here.
On both sides of the Atlantic, we are witnessing the dramatic expansion of government hacking powers. In the United States, a proposed amendment to Rule 41 of the Federal Rules of Criminal Procedure would permit the government to obtain a warrant, in certain circumstances, to hack unspecified numbers of electronic devices anywhere in the world. Meanwhile, across the pond, the British Parliament is currently debating the Investigatory…
Content type: Press release
Judges of the Investigatory Powers Tribunal visited MI5 in 2007 for a secret briefing. None of the judges hearing the case this week attended the briefing.
At the briefing, MI5 persuaded the judges that MI5 did not usually have to disclose its data holdings in “Bulk Personal Datasets” to the Tribunal. These are highly intrusive datasets that have details of a vast number of people's location, internet use, financial information and telephone records.
This meant that, as complaints were…
Content type: Press release
Previously secret official documents, containing new revelations about the Government's mass surveillance regime, have today been disclosed as a result of litigation brought by Privacy International against the Intelligence Agencies (MI5, MI6, GCHQ). These documents shed further light on the secretive bulk data collection regime operating under section 94 of the Telecommunications Act 1984 and the Bulk Personal Data-set regime.
Documents available:…
Content type: Press release
Tomorrow, on 26 July, the main hearing will begin in Privacy International's legal challenge against MI6, MI5, and GCHQ's collection of bulk communications data and bulk personal datasets. Previously secret documents will be made public at the hearing, and Privacy International will brief attending journalists about the significance of the disclosed documents.
The hearing will include references to important documents detailing the collection of data on every citizen in the…
Content type: Advocacy
This stakeholder report is a submission by Privacy International (PI). PI is a human rights organisation that works to advance and promote the right to privacy and fight surveillance around the world. PI wishes to bring concerns about the protection and promotion of the right to privacy in the United Kingdom before the Human Rights Committee for consideration in the United Kingdom's upcoming review.