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Content type: News & Analysis
23rd July 2021
What happened
On 22 July 2021, the Investigatory Powers Tribunal (IPT) issued a declaration on our challenge to the UK bulk communications regime finding that section 94 of the Telecommunications Act 1984 (since repealed by the Investigatory Powers Act 2016) was incompatible with EU law human rights standards. The result of the judgment is that a decade’s worth of secret data capture has been held to be unlawful. The unlawfulness would have remained a secret but for PI’s work.
You can find…
Content type: Examples
17th June 2021
A British freedom of information tribunal ruled that for national security reasons police in England and Wales may refuse to say whether they are using Stingrays, also known as IMSI-catchers, which are capable of tracking thousands of mobile phones and intercepting their calls, text messages, and other data. In 2016, the Bristol Cable found that police forces had bought hundreds of thousands of these devices disguised in public spending data by the acronym CCDC. Privacy International, which…
Content type: Examples
21st March 2020
BT, owner of UK mobile operator EE, is in talks with the government about using its phone location and usage data to monitor whether coronavirus limitation measures such as asking the public to stay at home are working. The information EE supplies would be delayed by 12 to 24 hours, and would provide the ability to create movement maps that show patterns. The data could also feed into health services' decisions, and make it possible to send health alerts to the public in specific locations.…
Content type: News & Analysis
15th January 2020
Today Advocate General (AG) Campos Sánchez-Bordona of the Court of Justice of the European Union (CJEU), issued his opinions (C-623/17, C-511/18 and C-512/18 and C-520/18) on how he believes the Court should rule on vital questions relating to the conditions under which security and intelligence agencies in the UK, France and Belgium could have access to communications data retained by telecommunications providers.
The AG addressed two major questions:
(1) When states seek to impose…
Content type: Press release
15th January 2020
Today the Advocate General (AG) of the Court of Justice of the European Union (CJEU), Campos Sánchez-Bordona, issued his opinion on how he believes the Court should rule on vital questions relating to the conditions under which security and intelligence agencies in the UK, France and Belgium could have access to communications data retained by telecommunications providers.
The AG advises the following:
The UK’s collection of bulk communications data violates EU law.
The French and Belgium…
Content type: News & Analysis
10th July 2019
Today, Privacy International, along with nine other NGOs including Liberty and Amnesty International, attended a hearing before the Grand Chamber of the European Court of Human Rights (ECtHR) to revisit the Court's first ruling on our case challenging UK mass surveillance and intelligence sharing. In September 2018, the First Section of the ECtHR ruled that the UK government's mass interception program violates the rights to privacy and freedom of expression. Notwithstanding the positve aspects…
Content type: News & Analysis
18th June 2019
It's a big question, have you purchased a card for your local surveillance camera on Surveillance Camera Day?
Yes, Surveillance Camera Day is a real thing and happens on 20 June.
Perhaps your local community could create a bingo card to see who knows where all the local cameras are. Are there any on your local bins, how about the lampposts or a billboard?
Have you had a facial recognition van in your local community? Did you see the police helicopter crew video camera filming you…
Content type: News & Analysis
16th May 2019
We look at the recently published report on forensic science in the UK, highlight concerns about police not understanding new tech used to extract data from mobile phones; the risk of making incorrect inferences and the general lack of understanding about the capabilities of these tools.
The delivery of justice depends on the integrity and accuracy of evidence and trust that society has in it. So starts the damning report of the House of Lords Science and Technology Select Committee’s report…
Content type: Long Read
14th September 2018
Yesterday, the European Court of Human Rights issued its judgement in Big Brother Watch & Others V. the UK. Below, we answer some of the main questions relating to the case.
What's the ruling all about?
In a nutshell, one of the world's most important courts, the European Court of Human Rights, yesterday found that certain UK laws about how intelligence agencies can spy on our internet communications breach our human rights. These surveillance laws have meant that the UK intelligence…
Content type: Press release
23rd July 2018
We found this image here
The Investigatory Powers Tribunal (IPT) today held that, for a sustained period, successive Foreign Secretaries wrongly gave GCHQ unfettered discretion to collect vast quantities of personal customer information from telecommunications companies.
The judgment exposes:
· the error-ridden and inconsistent evidence provided by GCHQ throughout the case;
· the willingness of telecommunications companies to secretly hand over customer data on the basis of mere verbal…
Content type: News & Analysis
21st June 2018
In order to uphold the law and keep us safe, the police can seriously interfere with a range of fundamental human rights. And so transparency and public scrutiny of their actions are essential to protect against misconduct and abuse.
So why is the National Police Chiefs’ Council (NPCC) now permitted to operate in secret?
We all have the right to seek information from most public bodies – including the police – under the Freedom of Information Act (FOIA) 2000. When the law was first proposed…
Content type: Advocacy
24th April 2018
A new Privacy International report based on an international collaborative investigation carried out by 40 NGOs in 42 countries has found alarming weaknesses in the oversight arrangements that are supposed to govern the sharing of intelligence between state intelligence agencies, including in the UK. Privacy International urges governments to enact urgent reforms and improve public understanding about the scope of intelligence sharing and the safeguards and oversight currently in place.
Content type: Press release
23rd February 2018
Hearing: Cross examination of senior GCHQ official about Intelligence Agencies’ use of massive databases of information about everyone in the UK
When: Monday 26 February 2018, 3.15pm
Where: Royal Courts of Justice, Court 28, Strand, London WC2A 2LL
Summary
This is the first time GCHQ have given open evidence in the Investigatory Powers Tribunal (The Tribunal). It is also the first time they will be cross examined by Privacy International on serious misleading errors they provided in…
Content type: Press release
9th February 2018
Privacy International and Open Rights Group have submitted a response to the Consultation on establishing a UK Privacy and Civil Liberties Board.
Content type: Advocacy
1st December 2017
The powers set out in the Investigatory Powers Act are wide ranging, opaque and lacking in adequate safeguards. The Government have now published updated Draft Codes of Practice for certain parts of the Act. Unfortunately, the Codes do little to solve the Act’s problems. Instead, they add little transparency, occasionally expand powers, and undermine some of the limited safeguards in the Investigatory Powers Act. These Codes demand close scrutiny. The unusually short timeframe for the…
Content type: News & Analysis
1st December 2017
This piece originally appeared in Open Democracy here.
As the UK Parliament returns from its summer break, everyone’s back to talking about Brexit. But there’s another policy of existential significance to our democracy that we really need to be talking about. I refer here to the innocuously named ‘Investigatory Powers Bill’. The House of Lords have been debating the ‘bulk powers’ — what we would call the mass surveillance measures — of the Bill over the recent days. We are literally weeks…
Content type: Press release
1st December 2017
Key points
Privacy International has obtained previously unseen government documents that reveal British spy agency GCHQ collects social media information on potentially millions of people.
GCHQ collected and accesses this information by gaining access to private companies’ databases.
Letters obtained by Privacy International reveal that the body tasked with overseeing intelligence agencies’ activities (the Investigatory Powers Commissioner) was kept in the dark as UK intelligence agencies…
Content type: Press release
1st December 2017
In today’s latest hearing in our ongoing legal challenge against the collection of massive troves of our personal data by the UK intelligence agencies, shocking new evidence has emerged about GCHQ’s attempts to yet again avoid proper independent scrutiny for its deeply intrusive surveillance activities.
In a truly breath-taking exchange of letters between the Investigatory Powers Commissioner’s Office (“IPCO”) and the Director of Legal Affairs at GCHQ, it has emerged that GCHQ have attempted…
Content type: Long Read
18th October 2017
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 the…
Content type: Long Read
31st October 2016
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 rights of Americans under…
Content type: Long Read
17th October 2016
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
30th September 2016
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 complex process…
Content type: Press release
30th September 2016
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
19th August 2016
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: Long Read
26th July 2016
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
19th July 2016
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 intelligence…
Content type: News & Analysis
18th July 2016
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 data, so…
Content type: Press release
14th July 2016
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: https://…
Content type: Press release
7th July 2016
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: Press release
25th June 2016
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 UK including:…