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Content type: News & Analysis
In a significant and forceful decision, on 1 March 2024 the UK's Data Protection Authority found that the UK Government's GPS tagging of migrants arriving to the UK by small boats and other "irregular" routes was unlawful.
The decision comes as a result of Privacy International's complaint filed in August 2022 against the GPS tagging policy, which alleged widespread and significant breaches of privacy and data protection law. Our complaint relied extensively on anonymous testimonies of…
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: News & Analysis
In a judgment of 14 October 2022, the UK High Court ordered the UK Home Office to provide remedy to the thousands of migrants affected by its unlawful policy and practice of seizing mobile phones from people arriving by small boats to UK shores.
The availability and spread of new technologies, and the exponential amounts of data they generate, are regularly being abused by governments to surveil and control people - but these new forms of surveillance are only starting to make their way through…
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: Long Read
Q&A: EU's top court rules that UK, French and Belgian mass surveillance regimes must respect privacy
Content type: News & Analysis
The Watson/Tele2 decision of the CJEU concerned section 1 and 2 of DRIPA and the Data Retention Regulations 2014. This contained the legislative scheme concerning the power of the Secretary of State to require communications service providers to retain communications data. Part 3 of the Counter-Terrorism and Security Act 2015 amended DRIPA so that an additional category of data - that necessary to resolve Internet Protocol addresses - could be included in a requirement to retain…
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…