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Content Type: Report
Over the past years, data retention regulation imposing generalised and indiscriminate data retention obligations to telecommunication companies and Internet service provides has been introduced in various jurisdictions across the world. As the data retention practices across the world have evolved this new report is an attempt to shed some light on the current state of affairs in data retention regulation across ten key jurisdictions. Privacy International has consulted with human…
Content Type: Long Read
We won our case against the UK’s Security Service (MI5) and the Secretary of State for the Home Department (SSHD). The Investigatory Powers Tribunal (IPT) – the judicial body responsible for monitoring UK’s intelligence and security agencies – held that MI5 acted unlawfully by knowingly holding people’s personal data in systems that were in breach of core legal requirements. MI5 unlawfully retained huge amounts of personal data between 2014 and 2019. During that period, and as a result of these…
Content Type: Press release
In a landmark judgment, handed down today (Monday 30 January 2023), the Investigatory Powers Tribunal have found that there were “very serious failings” at the highest levels of MI5 to comply with privacy safeguards from as early as 2014, and that successive Home Secretaries did not to enquire into or resolve these long-standing rule-breaking despite obvious red flags.
Human rights organisations Liberty and Privacy International, who brought this significant legal case in January 2020, have…
Content Type: Long Read
Case: Privacy International v Secretary of State for Foreign and Commonwealth Affairs and others
Last update: December 2022
Summary
The UK Security and Intelligence Agencies (SIAs) – including Government Communications Headquarters (GCHQ), Security Service and Secret Intelligence Service – have been building massive comprehensive datasets of information on each and every individual. They have been collecting and combining information from multiple sources on unclear legal bases and with minimal…
Content Type: News & Analysis
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on our challenge to the UK bulk communications regime finding that section 94 of the Telecommunications Act 1984 (since repealed by the Investigatory Powers Act 2016) was incompatible with EU law human rights standards.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…
Content Type: Long Read
On 8 January 2021, the UK High Court issued a judgment in the case of Privacy International v. Investigatory Powers Tribunal. The Secretary of State for Foreign and Commonwealth Affairs and Government Communication Headquarters (GCHQ) appeared as interested parties to the case.
After our initial reaction, below we answer some of the main questions relating to the case.
NOTE: This post reflects our initial reaction to the judgment and may be updated.
What’s the ruling all about?
In…
Content Type: Frequently Asked Questions
On 8 January 2021, the UK High Court issued a judgment in the case of Privacy International v. Investigatory Powers Tribunal. The Secretary of State for Foreign and Commonwealth Affairs and Government Communication Headquarters (GCHQ) appeared as interested parties to the case.
After our initial reaction, below we answer some of the main questions relating to the case.
NOTE: This post reflects our initial reaction to the judgment and may be updated.
Content Type: News & Analysis
Today, the UK High Court has quashed a decision by the Investigatory Powers Tribunal (IPT) and held that section 5 of the Intelligence Services Act (ISA) 1994 does not permit the issue of general warrants to authorise property interference and certain forms of computer hacking.
The Court referred to cases dating back to the 18th century, which demonstrate the common law’s insistence that the Government cannot search private premises without lawful authority even in the national security…
Content Type: Press release
Today, the UK High Court has quashed a decision by the Investigatory Powers Tribunal (IPT), and ruled that section 5 of the Intelligence Services Act (ISA) 1994 does not permit the issuing of general warrants to authorise property interference and certain forms of computer hacking.
The Court referred to cases dating back to the 18th century, which demonstrate the common law’s insistence that the Government cannot search private premises without lawful authority even in the context of national…
Content Type: Press release
The case stems from a 2016 decision by the Investigatory Powers Tribunal (IPT), the UK tribunal tasked with examining complaints against the UK intelligence services, that the UK government could lawfully use sweeping ‘thematic warrants’ to engage in computer hacking of thousands or even millions of devices, without any approval by a judge or individualised reasonable grounds for suspicion. Thematic warrants are general warrants covering an entire class of property, persons or conduct, such as…
Content Type: Video
Find out more on our website: https://privacyinternational.org/long-read/4206/qa-eus-top-court-rules-uk-french-and-belgian-mass-surveillance-regimes-must-respect
And make sure we can keep taking these fights to court: support.privacyinternational.org
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Content Type: Long Read
Q&A: EU's top court rules that UK, French and Belgian mass surveillance regimes must respect privacy
Content Type: Press release
By treating everyone as a suspect, the bulk data collection or retention regimes engage European fundamental rights to privacy, data protection, freedom of expression, as guaranteed respectively by Articles 7, 8, and 11 of the EU Charter of Fundamental Rights.
Caroline Wilson Palow, Legal Director of Privacy International, said:
"Today’s judgment reinforces the rule of law in the EU. In these turbulent times, it serves as a reminder that no government should be above the law. Democratic…
Content Type: Case Study
In early May 2019, it was revealed that a spyware, exploiting a vulnerability in Facebook’s WhatsApp messaging app, had been installed onto Android and iOS phones. The spyware could be used to turn on the camera and mic of the targeted phones and collect emails, messages, and location data. Citizen Lab, the organization that discovered the vulnerability, said that the spyware was being used to target journalists and human rights advocates in different countries around the world. The spyware…
Content Type: News & Analysis
In mid-2019, MI5 admitted, during a case brought by Liberty, that personal data was being held in “ungoverned spaces”. Much about these ‘ungoverned spaces’, and how they would effectively be “governed” in the future, remained unclear. At the moment, they are understood to be a ‘technical environment’ where personal data of unknown numbers of individuals was being ‘handled’. The use of ‘technical environment’ suggests something more than simply a compilation of a few datasets or databases.
The…
Content Type: News & Analysis
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
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: Long Read
Details of case:
R (on the application of Privacy International) (Appellant) v Investigatory Powers Tribunal and others (Respondents)
[2019] UKSC 22
15 May 2019
The judgment
What two questions was the Supreme Court asked to answer?
Whether section 67(8) of RIPA 2000 “ousts” the supervisory jurisdiction of the High Court to quash a judgment of the Investigatory Powers Tribunal for error of law?
Whether, and, if so, in accordance with what principles, Parliament may by…
Content Type: Press release
Today, after a five year battle with the UK government, Privacy International has won at the UK Supreme Court. The UK Supreme Court has ruled that the Investigatory Powers Tribunal’s (IPT) decisions are subject to judicial review in the High Court. The Supreme Court's judgment is a major endorsement and affirmation of the rule of law in the UK. The decision guarantees that when the IPT gets the law wrong, its mistakes can be corrected.
Key point:
UK Supreme Court rules that the UK spying…
Content Type: Long Read
As our four year battle against the UK government’s extraordinarily broad and intrusive hacking powers goes to the Supreme Court, we are launching a new fundraising appeal in partnership with CrowdJustice.
We are seeking to raise £5k towards our costs and need your help. If we lose, the court may order us to pay for the government’s very expensive army of lawyers. Any donation you make, large or small, will help us both pursue this important case and protect the future ability of…
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…