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Content Type: Long Read
18th December is International Migrants Day, a day to recognize both the contributions and continued struggles of migrants across the world.Migrants continue to face an increased level of human rights violations through hostile immigration policies and practices. At borders and beyond, their fundamental human rights and dignity are being violated through old and new technologies. These systems in place reinforce the dehumanising rhetoric of migrants, who are merely seeking asylum and a better…
Content Type: Long Read
18th December is International Migrants Day. It’s a day designated by the United Nations, dedicated to recognising the “important contribution of migrants while highlighting the challenges they face.”On this day we wish to recognise in particular the countless human rights violations that people experience at borders and within hostile immigration systems. We thank those who survive these violations for sharing with us and others their experiences of such violations, and for accepting to…
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
Meta, the largest provider of social media sites and display advertising in the UK, acquired GIPHY, the largest provider of GIFs. In its report of 30 November 2021 the CMA found that the completed merger between Meta and GIPHY will give rise to a substantial lessening of competition.
The CAT confirmed the CMA's assessment and dismissed all but one of Meta’s appeal grounds, paving the way for Meta to sell GIPHY, as demanded by the CMA.
PI was granted permission to intervene in this case, one of…
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: Video
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You can find out more about Clearview by listening to our podcast: The end of privacy? The spread of facial recognition
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 25 May 2021, the European Court of Human Rights issued its judgment in Big Brother Watch & Others v. the UK. Below, we answer some of the main questions relating 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 a nutshell, one of the world’s most important courts, the Grand Chamber of the European Court of Human…
Content Type: News & Analysis
Unwanted Witness’ research into Safeboda highlighted the company’s failure to comply with some of the law's core data protection principles, with a number of implications for the exercise of data subject rights. The enforcement action against Safeboda by National Information Technology Authority, Uganda (NITA-U) requires the company to make fundamental changes to how they handle people's personal data in order to comply with the Data Protection and Privacy Act, 2019.
This first landmark…
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 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: News & Analysis
Privacy International (PI) welcomes today's report from the UK Information Commissioner's Office (ICO) into three credit reference agencies (CRAs) which also operate as data brokers for direct marketing purposes. As a result, the ICO has ordered the credit reference agency Experian to make fundamental changes to how it handles people's personal data within its offline direct marketing services.
It is a long overdue enforcement action against Experian.…
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
Almost a year and a half ago we complained about seven companies to three data protection authorities in Europe. These companies, ranging from AdTech to data brokers and credit rating agencies, thrive on the collection, exploitation and processing of personal data. They profile and categorise people - without our knowledge and infringing multiple legal requirements.
Now, the French Data Protection Authority CNIL has informed us that they are following the same route and …
Content Type: Long Read
Background
Kenya’s National Integrated Identity Management Scheme (NIIMS) is a biometric database of the Kenyan population, that will eventually be used to give every person in the country a unique “Huduma Namba” for accessing services. This system has the aim of being the “single point of truth”, a biometric population register of every citizen and resident in the country, that then links to multiple databases across government and, potentially, the private sector.
NIIMS was introduced…
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: Advocacy
As any data protection lawyer and privacy activist will attest, there’s nothing like a well-designed and enforced data protection law to keep the totalitarian tendencies of modern Big Brother in check.
While the EU’s data protection rules aren’t perfect, they at least provide some limits over how far EU bodies, governments and corporations can go when they decide to spy on people.
This is something the bloc’s border control agency, Frontex, learned recently after coming up with a plan to…
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
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
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
The Irish Data Protection Commission has today launched an inquiry into the data practices of ad-tech company Quantcast, a major player in the online tracking industry. PI's 2018 investigation and subsequent submission to the Irish DPC showed how the company is systematically collecting and exploiting people's data in ways people are unaware of. PI also investigated and complained about Acxiom, Criteo, Experian, Equifax, Oracle, and Tapad.
PI welcomes this announcement and its focus on…
Content Type: Long Read
Yesterday, the European Court of Human Rights issued its judgement in Big Brother Watch & Others V. the UK. Below, we answer some of the main questions relating to the case.
What's the ruling all about?
In a nutshell, one of the world's most important courts, the European Court of Human Rights, yesterday found that certain UK laws about how intelligence agencies can spy on our internet communications breach our human rights. These surveillance laws have meant that the UK intelligence…
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…