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Content type: News & Analysis
6th February 2020
On 30 January 2020, Kenya’s High Court handed down its judgment on the validity of the implementation of the National Integrated Identity Management System (NIIMS), known as the Huduma Namba. Privacy International submitted an expert witness testimony in the case. We await the final text of the judgment, but the summaries presented by the judges in Court outline the key findings of the Court. Whilst there is much there that is disappointing, the Court found that the implementation of NIIMS…
Content type: News & Analysis
24th February 2020
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
28th November 2019
On 24 October 2019, the Swedish government submitted a new draft proposal to give its law enforcement broad hacking powers. On 18 November 2019, the Legal Council (“Lagråd”), an advisory body assessing the constitutionality of laws, approved the draft proposal.
Privacy International believes that even where governments conduct hacking in connection with legitimate activities, such as gathering evidence in a criminal investigation, they may struggle to demonstrate that hacking as a form of…
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…