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Content Type: Long Read
Table of contentsIntroductionWeighing the (potential) benefits with the risksPrivacy rights and the right to healthThe right to healthPrivacy, data-protection and health dataThe right to health in the digital contextWhy the drive for digitalImproved access to healthcarePatient empowerment and remote monitoringBut these same digital solutions carry magnified risks…More (and more connected) dataData leaks and breachesData sharing without informed consentProfiling and manipulationTools are not…
Content Type: Long Read
Introduction
In response to the unprecedented social, economic, and public health threats posed by the Covid-19 pandemic, the World Bank financed at least 232 "Covid-19 Response" projects. The projects were implemented across countries the World Bank classifies as middle and low-income.
This article will focus on eight (8) Covid-19 Response projects which sought to deliver social assistance to individuals and families on a "non-contributory" basis (this means that the intended beneficiaries…
Content Type: News & Analysis
In a ruling handed down on 14 October 2021 by the High Court of Kenya in relation to an application filed by Katiba Institute calling for a halt to the rollout of the Huduma card in the absence of a data impact assessment, the Kenyan High Court found that the Data Protection Act applied retrospectively.
Background to the case
Huduma Namba as initially proposed
In January 2019, the Kenyan Statute Law (Miscellaneous Amendment) Act No. 18 of 2018 came into effect, introducing a raft of amendments…
Content Type: Video
In Kenya, if you don’t have an ID, life can be extremely difficult. But for thousands of people across the country, getting an ID can be nigh on impossible. Some Kenyan citizens can’t obtain a national ID because they are registered in the Kenyan refugee database. Often referred to as victims of double registration, their predicaments reveal a deeper problem with ID itself.
Now Haki na Sheria - a Kenyan organisation advocating for and supporting the victims of double registration - and three…
Content Type: Long Read
Governments around the world are increasingly making registration in national digital ID systems mandatory for populations, justifying its need on a range of issues from facilitating access to services, to national security and fighting against corruption. This is an attempt to create a "foundational identity" for an individual, or "a single source of truth" about who someone is, according to a government agency. These identity systems are run by governments, sometimes by private companies, or…
Content Type: Advocacy
Some of the most vulnerable groups in Mexico are amongst the groups at risk from a draft General Population Law that creates a biometric “Unique Digital Identity Card” (CUID), argue civil society organisations. The proposed law has now reached the senate, and has raised serious concerns from civil society organisations. Led by our global partner in Mexico Red en Defensa de los Derechos Digitales (R3D), PI along with 25 organisations have signed a joint letter to the members of the senate,…
Content Type: News & Analysis
After almost 20 years of presence of the Allied Forces in Afghanistan, the United States and the Taliban signed an agreement in February 2020 on the withdrawal of international forces from Afghanistan by May 2021. A few weeks before the final US troops were due to leave Afghanistan, the Taliban had already taken control of various main cities. They took over the capital, Kabul, on 15 August 2021, and on the same day the President of Afghanistan left the country.
As seen before with regime…
Content Type: Advocacy
On 6 August 2021, the World Health Organisation (WHO) published its technical specifications and implementation guidance for “Digital Documentation of COVID-19 Certificates: Vaccination Status” (DDCC:VS) following months of consultations. As governments around the world are deploying their own Covid-19 certificates, guidance from the global health agency was expected to set a global approach, and one that prioritises public health. As such, we would expect the WHO to identify what these…
Content Type: News & Analysis
This article was written by Abdías Zambrano, Public Policy Coordinator at IPANDETEC, and is adapted from a blog entry that originally appeared here.
Digital identity can be described as our digital personal data footprint, ranging from banking information and statistics to images, news we appear in and social network profiles, interactions with and in digital platforms, and information contained in private and public repositories. Our whole life is online, often leaving us with little choice…
Content Type: News & Analysis
Legislation to "strengthen the integrity of UK elections and protect our democracy" through the Elections Integrity Bill was introduced to parliament this week.
This legislation will require people, for the first time in Great Britain, to show a state-issued photo ID, such as a driving license or passport, in order to exercise their right to vote, perhaps by the 2023 General Elections. The changes would affect elections in England, Scotland and Wales while voters in Northern Ireland are already…
Content Type: Report
Human rights defenders across the world have been facing increasing threats and harms as result of the use of digital and technological tools used by governments and companies which enable the surveillance, monitoring and tracking of individuals and communities. They are continuously at risk of violence, intimidation and surveillance as a direct consequence of the work they do. Such surveillance has been shown to lead to arbitrary detention, sometimes to torture and possibly to extrajudicial…
Content Type: Long Read
This report is available in English.
La mayoría de los documentos nacionales de identidad y demás documentos emitidos por autoridades estatales incluyen un marcador de género. Estos marcadores suelen recibir el nombre de “marcador de sexo” aunque este término no sea preciso. La presencia de dichos marcadores, especialmente en los certificados de nacimiento, promueve el énfasis de nuestra sociedad en el género como criterio de asignación de identidades, roles y responsabilidades sociales. Al…
Content Type: News & Analysis
An excerpt of this piece was first published in June 2020 in Adbusters, an international not-for-profit magazine produced by a global collective of artists and activists who want to 'shake up complacent consumer culture'.
Big oil. Big tobacco. Big pharma. How did we let ‘big tech’ happen? You would have thought humanity would learn its lesson. That nothing good comes of the mass accumulation and concentration of power into the hands of so few.
The internet was meant to be different. No…
Content Type: Report
Many countries in the world have existing ID cards - of varying types and prevalence - there has been a new wave in recent years of state “digital identity” initiatives.
The systems that states put in place to identify citizens and non-citizens bring with them a great deal of risks.
This is particularly the case when they involve biometrics - the physical characteristics of a person, like fingerprints, iris scans, and facial photographs.
Activists and civil society organisations around the…
Content Type: Report
A common theme of all major pieces of national jurisprudence analyzing the rights implications of national identity system is an analysis of the systems’ impacts on the right to privacy.
The use of any data by the State including the implementation of an ID system must be done against this backdrop with respect for all fundamental human rights. The collection of data to be used in the system and the storage of data can each independently implicate privacy rights and involve overlapping and…
Content Type: Report
Identity systems frequently rely on the collection and storage of biometric data during system registration, to be compared with biometric data collected at the point of a given transaction requiring identity system verification.
While courts have arguably overstated the effectiveness and necessity of biometric data for identity verification in the past, the frequency of biometric authentication failure is frequently overlooked. These failures have the potential to have profoundly…
Content Type: Report
National identity systems naturally implicate data protection issues, given the high volume of data necessary for the systems’ functioning.
This wide range and high volume of data implicates raises the following issues:
consent as individuals should be aware and approve of their data’s collection, storage, and use if the system is to function lawfully. Despite this, identity systems often lack necessary safeguards requiring consent and the mandatory nature of systems ignores consent…
Content Type: Report
While identity systems pose grave dangers to the right to privacy, based on the particularities of the design and implementation of the ID system, they can also impact upon other fundamental rights and freedoms upheld by other international human rights instruments including the International Covenant on Civil and Political Right and the International Covenant on Economic, Social and Cultural Rights such as the right to be free from unlawful discrimination, the right to liberty, the right to…
Content Type: Report
Rather than providing a list of arguments, as is the case in the other sections of this guide, the fifth section provides a general overview describing the absence of consideration of these themes in existing jurisprudence and the reasons why these themes warrant future consideration including identity systems’ implications for the rule of law, the role of international human rights law, and considerations of gender identity.
Democracy, the Rule of Law and Access to Justice: This analysis of…
Content Type: News & Analysis
Banning TikTok? It's time to fix the out-of-control data exploitation industry - not a symptom of it
Chinese apps and tech companies have been at the forefront of the news recently. Following India's ban of 59 chinese apps in July, President Trump announced his desire to ban TikTok, shortly followed by his backing of Microsoft's intention to buy the US branch of its parent company ByteDance. Other than others lip syncing his public declaration, what does President Trump fear from this app, run by a firm, based in China?
It's all about that data
One clear answer emerges: the exploitation of…
Content Type: News & Analysis
New technologies continue to present great risks and opportunities for any users but for some communities the implications and harms can have severe consequences and one of the sectors facing increasing challenges to keep innovating whilst protecting themselves and the people they serve is the humanitarian sector.
Over the course of engagement with the humanitarian sector, one of our key observations has been how risk assessments undertaken in the sector omitted to integrate a hollistic…
Content Type: Video
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Content Type: Long Read
Immunity Passports have become a much hyped tool to cope with this pandemic and the economic crisis. Essentially, with immunity passports those who are 'immune' to the virus would have some kind of certified document - whether physical or digital. This 'passport' would give them rights and privileges that other members of the community do not have.
This is yet another example of a crisis-response that depends on technology, as we saw with contact-tracing apps. And it is also yet another…
Content Type: Explainer
Definition
An immunity passport (also known as a 'risk-free certificate' or 'immunity certificate') is a credential given to a person who is assumed to be immune from COVID-19 and so protected against re-infection. This 'passport' would give them rights and privileges that other members of the community do not have such as to work or travel.
For Covid-19 this requires a process through which people are reliably tested for immunity and there is a secure process of issuing a document or other…
Content Type: Video
You can find out more about Haki na Sheria here: http://hakinasheria.org/
Find out more about double registration in Keren's piece "In Kenya, thousands left in limbo without ID cards" in CodaStory: https://www.codastory.com/authoritarian-tech/kenya-biometrics-double-registration/
Find out more about the Huduma Namba case on our website: https://privacyinternational.org/news-analysis/3350/why-huduma-namba-ruling-matters-future-digital-id-and-not-just-kenya
You can listen and…
Content Type: Video
Given everything that's happening at the moment around the world, we've decided to postpone our episode on ID in Kenya until next week.
You can listen and subscribe to the podcast where ever you normally find your podcasts:
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Apple podcasts
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And more...
Some of the resources we mentioned in the episode can be found here:
ACLU: know your rights: https://www.aclu.org/know-your-rights/protesters-…
Content Type: Advocacy
Last week, Privacy International joined more than 30 UK charities in a letter addressed to the British Prime Minister Boris Johnson, following his recent declaration, asking him to lift No Recourse to Public Funds (NRPF) restrictions.
Since 2012, a ‘NRPF condition’ has been imposed on all migrants granted the legal right to live and work in the UK. They are required to pay taxes, but they are not permitted to access the public safety net funded by those taxes.
This is not a topic we are known…
Content Type: Long Read
On 15th April Margaret Atwood, author of the Handmaid's Tale, gave an interview to BBC Radio 5 Live where she commented that ‘people may be making arrangements that aren’t too pleasant, but it’s not a deliberate totalitarianism’. You can read more about the interview in the Guardian.
While we agree with Margaret Atwood that we are not necessarily entering an era of "deliberate totalitarianism" we have written the following open letter (download link at the bottom of the page) to her as a ‘…
Content Type: News & Analysis
This week International Health Day was marked amidst a global pandemic which has impacted every region in the world. And it gives us a chance to reflect on how tech companies, governments, and international agencies are responding to Covid-19 through the use of data and tech.
All of them have been announcing measures to help contain or respond to the spread of the virus; but too many allow for unprecedented levels of data exploitation with unclear benefits, and raising so many red flags…
Content Type: Case Study
Having a right to a nationality isn’t predicated on giving up your right to privacy - and allowing whichever government runs that country to have as much information as they want. It is about having a fundamental right to government protection.
For the first time since 1951, Assam - a state in the north east of India - has been updating its national register of citizens (NRC), a list of everyone in Assam that the government considers to be an Indian citizen. The final version, published in…