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Content Type: News & Analysis
The UK government has acknowledged that section 8(4) of the Regulation of Investigatory Powers Act (“RIPA”) (which has since been repealed) violated Articles 8 and 10 of the European Convention on Human Rights (ECHR). In relation to Article 10, it specifically acknowledged that the way in which security agencies handled confidential journalistic material violated fundamental rights protected by Article 10.
As part of a friendly settlement with two applicants, the UK government acknowledged…
Content Type: News & Analysis
The notorious Clearview AI first rose to prominence in January 2020, following a New York Times report. Put simply, Clearview AI is a facial recognition company that uses an “automated image scraper”, a tool that searches the web and collects any images that it detects as containing human faces. All these faces are then run through its proprietary facial recognition software, to build a gigantic biometrics database.
What this means is that without your knowledge, your face could be stored…
Content Type: News & Analysis
What if we told you that every photo of you, your family, and your friends posted on your social media or even your blog could be copied and saved indefinitely in a database with billions of images of other people, by a company you've never heard of? And what if we told you that this mass surveillance database was pitched to law enforcement and private companies across the world?
This is more or less the business model and aspiration of Clearview AI, a company that only received worldwide…
Content Type: Advocacy
The Office of the Privacy Commissioner of Canada has developed draft privacy guidance for police agencies' use of FRT, with a view to ensuring any use of FRT "complies with the law, minimizes privacy risks, and respects privacy rights". The Commissioner is undergoing consultation in relation to this guidance.
Privacy International and the Canadian Civil Liberties Association ("CCLA") welcome the Commissioner's efforts to strengthen the framework around police use of facial recognition, and the…
Content Type: Video
On 6 February 2021, the Constitutional Court of South Africa in a historic judgment declared unconstitutional years of secret and unchecked surveillance by South African authorities against millions of people - irrespective of whether they reside in South Africa.
The Court powerfully placed the judgment in historical context:
The constitutionally protected right to privacy seeks to be one of the guarantees that South Africa will not again act like the police state that it was under apartheid…
Content Type: Long Read
What’s the ruling all about?
The Constitutional Court of South Africa in a historic judgment declared that bulk interception by the South African National Communications Centre is unlawful and invalid. Furthermore, the Constitutional Court found that the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) 1) was deficient in failing to provide at least a post-notification procedure for subjects of interception; 2) failed to ensure the…
Content Type: News & Analysis
Today, the Constitutional Court of South Africa in a historic judgment declared that bulk interception by the South African National Communications Centre is unlawful and invalid.
The judgment is a confirmation of the High Court of South Africa in Pretoria’s powerful rejection of years of secret and unchecked surveillance by South African authorities against millions of people - irrespective of whether they reside in South Africa.
The case was brought by two applicants, the amaBhungane Centre…
Content Type: News & Analysis
Today, the High Court of South Africa in Pretoria in a historic decision declared that bulk interception by the South African National Communications Centre is unlawful and invalid.
The judgment is a powerful rejection of years of secret and unchecked surveillance by South African authorities against millions of people - irrespective of whether they reside in South Africa.
The case was brought by two applicants, the amaBhungane Centre for Investigative Journalism and journalist Stephen…
Content Type: News & Analysis
Our intervention comes on the back of mounting evidence that the South African state’s surveillance powers have been abused, and so-called “checks & balances” in RICA have failed to protect citizens’ constitutional right to privacy.
Among our core arguments are:
That people have a right to be notified when their communications have been intercepted so that they can take action when they believe their privacy has been unlawfully breached. Currently RICA prevents such notification, unlike…