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In January 2023, the UK's Investigatory Powers Tribunal handed down a landmark judgment. The Tribunal held that there were “very serious failings” at the highest levels of MI5 - the UK's domestic intelligence agency - 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.
In this episode, we talk to Meg Goulding, a lawyer at the UK-based campaigning…
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: Long Read
Additionally, in January 2020 Privacy International and UK-based NGO Liberty filed a new claim against MI5 and the Secretary of State for the Home Department in the Investigatory Powers Tribunal (the “Ungoverned Spaces Case”, this time, the case sought to hold MI5 and the SSHD accountable for systemic, long-term failures in the way they handle and retain millions of people’s personal data. As part of this claim, PI requested that the IPT re-opens parts of the original BPD/BCD. This aspect of…
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on our challenge to the UK bulk communications regime finding that section 94 of the Telecommunications Act 1984 (since repealed by the Investigatory Powers Act 2016) was incompatible with EU law human rights standards.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: Press release
A joint press release from Privacy International, Reprieve, CAJ, and the Pat Finucane Centre.
Agents of MI5 and other Government bodies could be legally authorised to commit crimes under new legislation introduced today. There appear to be no express limits in the legislation on the types of crime which could be authorised.
The Covert Human Intelligence Sources (Criminal Conduct) Bill appears not to explicitly prohibit the authorisation of murder, torture, or sexual violence. Reprieve,…
Content Type: Press release
MI6 has been forced to apologise to the Investigatory Powers Tribunal after two of its officers asked court staff to return documents relating to MI6’s use of agents and not show them to judges. The Tribunal suggested MI6’s actions were “inappropriate interference”.
The revelation emerged in an ongoing legal case considering what crimes intelligence informants are allowed to commit, after it was revealed that MI5 maintains a secret policy under which agents can be “authorised” to…
Content Type: News & Analysis
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
*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: News & Analysis
Privacy International welcomes the judgment of the European Court of Human Rights in Catt v the United Kingdom.The Court found that the UK violated the right to privacy (Article 8 of the European Convention on Human Rights) of Mr John Catt, a peace movement activist, who despite having never being convicted of any offence, had his name and other personal data included in a police database known as the “Extremism Database”. The Court found problematic "the variety of definitions of…
Content Type: Press release
Thames House, Offices of MI5. Photo Credit: Wikimedia Commons
MI5 collected Privacy International’s private data and examined it
GCHQ, MI5, and MI6 unlawfully collected data relating to UK charity Privacy International
Privacy International has written to the UK's Home Secretary demanding action against spy agencies
Disclosures come less than a fortnight after UK laws on mass surveillance ruled unlawful at European Court of Human Rights
The UK's domestic-facing intelligence…