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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: News & Analysis
*Photo by Michelle Ding on Unsplash
Pat Finucane was killed in Belfast in 1989. As he and his family ate Sunday dinner, loyalist paramilitaries broke in and shot Pat, a high profile solicitor, in front of his wife and children.
The Report of the Patrick Finucane Review in 2012 expressed “significant doubt as to whether Patrick Finucane would have been murdered by the UDA [Ulster Defence Association] had it not been for the different strands of involvement by the…
Content type: Long Read
*Photo by Kristina Flour on Unsplash
The British government needs to provide assurances that MI5’s secret policy does not authorise people to commit serious human rights violations or cover up of such crimes
Privacy International, along Reprieve, the Committee on the Administration of Justice, and the Pat Finucane Centre, is challenging the secret policy of MI5 to authorise or enable its so called “agents” (not MI5 officials) to commit crimes here in the UK.
So far we have discovered…
Content type: Press release
Privacy International, Open Rights Group, the Institute for Strategic Dialogue, Fair Vote, Who Targets Me? and Demos have today written to all the main UK political parties, demanding that they are transparent with the public about how they are using voters’ personal data in their electioneering. Twitter's announcement yesterday of their ban on political advertising is just the latest wake up call to politicians about the risks to democracy of personal data driven microtargeting of political…
Content type: Examples
In February 2019, the UK Home Office told the Independent Chief of Borders and Immigration that it was planning to build a system that could check and confirm an individual's immigration status in real time to outside organisation such as employers, landlords, and health and benefits services. Lawyers and human rights campaigners expressed concerns that the project had received no scrutiny or public discussion, and that the Home Office's record suggested the result would be to unfairly lock…
Content type: Examples
In January 2019 the UK Home Office announced it would collaborate with France to overhaul its regime for suspicious activity reports in order to fight money laundering. In 2018, the number of SARs filed with the National Crime Agency rose by 10% to nearly 464,000. Banks, financial services, lawyers, accountants, and estate agents are all obliged to file SARs if they suspect a person or organisation is involved in money laundering, terrorist finance, or other suspicious activity. The system has…
Content type: Examples
In 2018, the UK Department of Education began collecting data for the schools census, a collection of children's data recorded in the national pupil database and including details such as age, address, and academic achievements. The DfE had collected data on 6 million English children when, in June 2018, opposition led the department to halt the project, which critics said was an attempt to turn schools into internal border checkpoints. In January 2019, however, in an answer to a Parliamentary…
Content type: Examples
In September 2018, at least five local English councils had developed or implemented a predictive analytics system incorporating the data of at least 377,000 people with the intention of preventing child abuse. Advocates of these systems argue that they help councils struggling under budget cuts to better target their limited resources. The Hackney and Thurrock councils contracted the private company Xantura to develop a predictive model for them; Newham and Bristol have developed their own…
Content type: Examples
In October 2018, in response to questions from a committee of MPs, the UK-based Student Loans Company defended its practice of using "public" sources such as Facebook posts and other social media activity as part of the process of approving loans. In one case earlier in the year, a student was told that a parent's £70 Christmas present meant the student did not qualify for a maintenance loan without means testing because it meant the student was not estranged from their family. SLC insisted…
Content type: Examples
In November 2018 the UK's Equality and Human Rights Commission warned that asylum seekers have been deterred from seeking medical help in Scotland and Wales since the UK government began forcing the English NHS to charge upfront in 2017 and by fears that medical personnel will comply with Home Office orders to forward their data. The commission, along with health charities and the Labour and LibDem political parties, called for the policy to be suspended. The Home Office policy of moving asylum…
Content type: Examples
The Home Office Christmas 2018 announcement of the post-Brexit registration scheme for EU citizens resident in the UK included the note that the data applicants supplied might be shared with other public and private organisations "in the UK and overseas". Basing the refusal on Section 31 of the Freedom of Information Act, the Home Office refused to answer The3Million's FOI request for the identity of those organisations. A clause in the Data Protection Act 2018 exempts the Home Office from…
Content type: Examples
In December 2018, a report, "Access to Cash", written by the former financial ombusdsman Natalie Ceeney and independent from but paid for by the cash machine network operator Link, warned that the UK was at risk of sleepwalking into a cashless society and needed to protect an estimated 8 million people (17% of the British population) who would become disadvantaged as a result. Although cash used halved between 2007 and 2017, and debit cards passed cash in share of retail transactions in 2017,…
Content type: Examples
In October 2018, British home secretary Sajid Javid apologised to more than 400 migrants, who included Gurkha soldiers and Afghans who had worked for the British armed forces, who were forced to provide DNA samples when applying to live and work in the UK. DNA samples are sometimes provided by applicants to prove their relationship to someone already in the UK, but are not supposed to be mandatory. An internal review indicated that more people than the initially estimated 449 had received DNA…
Content type: Examples
In a report released in December 2018, the UK's National Audit Office examined the management of information and immigrant casework at the Home Office that led to the refusal of services, detention, and removal of Commonwealth citizens who came to the UK and were granted indefinite leave to remain between 1948 and 1973, the so-called "Windrush generation" but never given documentation to prove their status. The NAO concludes that the Home Office failed to adequately consider its duty of care in…
Content type: Examples
In November 2016 the UK Information Commissioner's Office issued an enforcement notice against London's Metropolitan Police, finding that there had been multiple and serious breaches of data protection law in the organisation's use of the Gangs Violence Matrix, which it had operated since 2012. The ICO documented failures of oversight and coherent guidance, and an absence of basic data protection practices such as encryption and agreements covering data sharing. Individuals whose details are…
Content type: News & Analysis
Privacy International has joined over 30 organisations working with migrants and refugees to write to the newly appointed British Home Secretary to raise a number of pressing issues, which require action if the immigration and asylum system is to regain the trust of the public.
The letter below was sent to the Home Secretary on Wednesday, 30 July 2019.
Find out more about PI’s work to demand a more humane approach to immigration based on the principles of fairness, accessibility, and respect…
Content type: Examples
On 14 May 2018, the husband of the victim, a pharmacist living in Linthorpe in Middlesbrough, subdued his wife with insulin injection before straggling her. He then ransacked the house to make it appear as a burglary. The data recorded by the health app on the murder’s phone, showed him racing around the house as he staged the burglary, running up and down the stairs. The victim’s app showed that she remained still after her death apart from a movement of 14 paces when her husband moved her…
Content type: News & Analysis
In July 2019, the UK House of Commons' Science and Technology Committee published a report on Digital Government. Lying not so subtlely amongst it's recommendations is this: "The Government should facilitate a national debate on single unique identifiers for citizens to use for accessing public services along with the right of the citizen to know exactly what the Government is doing with their data."
It's been pointed out that this is basically some of the worst features of an ID card…
Content type: News & Analysis
Today, the British Health Secretary Matt Hancock announced a partnership between the NHS and Amazon to use the NHS’s website content as the source for the answer given to medical question, such as “Alexa, how do I treat a migraine?”
While we welcome Amazon’s use of a trusted source of information for medical queries, we are however extremely concerned about the nature and the implications of this partnership. Amazon is a company with a worrying track record when it comes to the way they…
Content type: News & Analysis
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: Advocacy
In March 2019, Privacy International responded to a call for evidence for an inquiry by the UK Parliament's Joint Committee on Human Rights into "The Right to Privacy (Article 8) and the Digital Revolution".
Our suggestions included that, the human rights framework should support:
Increasing individuals’ control over their data to encourage the design of technologies that protect peoples’ autonomy and privacy.
Increasing security to result in more rights and protections for…
Content type: News & Analysis
By Ailidh Callander, Legal Officer
This piece first appeared in the 500th edition of the Scottish Legal Action Group Journal (2019 SCOLAG (500, June) 124
Political scandal, stronger regulation on privacy but what about social protection?
In an increasingly digitalised and data driven world, an era of government and corporate mass data exploitation, the right to privacy and data protection and what this means in practice is more important than ever. Surveillance is a power generator and…
Content type: Advocacy
In April, the UK government published what it called "plans for a world-leading package of online safety measures that also supports innovation and a thriving digital economy".
The White Paper which sets out plans for establishing in law a new duty of care towards users, overseen by a new regulatory body, aimed at making companies more accountable when it comes to illegal activity and content deemed "harmful", but not illegal.
As part of the plans, a public consultation…
Content type: News & Analysis
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…
Content type: Long Read
The UK public, regulators, and parliamentarians have all expressed concern about the wide use of third-party data by all political parties in the UK and its impact on privacy and democracy. In the week the remaining six candidates to be the UK’s next Prime Minister are reduced to two, Privacy International takes a look at their privacy policies to illustrate how such policies can be used to identify the use of third-party data by political candidates from all political parties.
The…
Content type: News & Analysis
One of the UK’s largest telecommunications operators, BT, has said to Privacy International that a report claiming it “co-produces malware” with a surveillance company for the GCHQ is inaccurate – but hasn’t said why or given any more details.
The accusation was made by C5IS – a shadowy online publication claiming to be “the most widely read source of information on surveillance technologies”. In its Big Black Book of Electronic Surveillance, it claims that SS8, a…
Content type: News & Analysis
Privacy International has joined a global coalition of privacy campaigners, tech companies, and technology experts to respond to proposals by British intelligence chiefs aimed at allowing them access to encrypted messaging apps such as WhatsApp or Signal.
If implemented, the proposals would allow government authorities to force messaging platforms to silently add a law enforcement participant to a group chat or call.
Such a capability poses serious threats to…
Content type: Examples
Amazon has been accused of treating its UK warehouse staff like robots. Between 2015 and 2018, ambulances were called out close to 600 times to Amazon’s UK warehouses. A Freedom of Information request to ambulance services from the GMB union revealed 115 call-outs to Amazon’s site in Rugeley, near Birmingham, including three related to pregnancy or maternity related problems and three for major trauma. At least 1800 people work year-round at the Rugeley warehouse and more than 2000 more can…
Content type: News & Analysis
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…