Privacy International has filed a legal complaint, claiming GCHQ's alleged use of surveillance techniques is “incompatible with democratic principles and human rights standards”
The British government's intelligence agency, GCHQ, is facing legal action over its alleged use of hacking tools to infect computers and smartphones with malicious software, to remotely hijack users' cameras and microphones without their consent.
Rights group Privacy International has filed a legal complaint with the investigatory powers tribunal (IPT), claiming that GCHQ's alleged use of such surveillance techniques is “incompatible with democratic principles and human rights standards”. Moreover, it claims that GCHQ has no clear lawful authority to conduct hacking.
“The hacking programmes being undertaken by GCHQ are the modern equivalent of the government entering your house, rummaging through your filing cabinets, diaries, journals and correspondence, before planting bugs in every room you enter. Intelligence agencies can do all this without you even knowing about it, and can invade the privacy of anyone around the world with a few clicks," said Eric King, deputy director of Privacy International.
"All of this is being done under a cloak of secrecy without any public debate or clear lawful authority. Arbitrary powers such as these are the purview of dictatorships not democracies. Unrestrained, unregulated Government spying of this kind is the antithesis of the rule of law and Government must be held accountable for their actions.”
The extent of GCHQ’s capabilities was revealed in documents leaked by Edward Snowden, which detail how GCHQ and NSA are using malware to conduct surveillance that is potentially far more intrusive than any other current surveillance technique.
This includes taking over a device's microphone and recording conversations taking place near the device, taking over a device's webcam and snapping photographs, recording Internet browsing histories and collecting login details and passwords used to access websites and email accounts.
GCHQ agents are also reportedly able to surreptitiously log keystrokes entered into a device, extract data from removable flash drives that connect to an infected computer, identify the geographic whereabouts of the user, and retrieve any content from a phone, including text messages, emails, web history, call records, videos, photos, address books, notes, and calendars.
Privacy International claims this is equivalent to "covert, complete, real-time physical and electronic surveillance, as well as historical surveillance, of everything that person does, sees and says". The use of such capabilities is a violation of Article 8 (the right to privacy) and Article 10 (right to freedom of expression) of the European Convention on Human Rights, according to the rights group.
Privacy International's submission will join a long line of legal challenges brought by civil liberties groups following Edward Snowden's revelations. Other compliants have been lodged with the European court of human rights and the Organisation for Economic Cooperation and Development (OECD).
Last month, however, the Interception of Communications Commissioner cleared GCHQ of any wrongdoing in the Edward Snowden exposes, concluding that Britain’s spy agencies do not carry out “random mass intrusions” of law abiding citizens.
Sir Anthony May also dismissed claims that GCHQ had accessed details of individuals via the NSA in order to circumvent UK laws.
He added that any member of the public who "does not associate with potential terrorists or serious criminals" can be assured that the interception agencies do not have "the slightest interest in examining their emails, their phone or postal communications or their use of the Internet".
The British government's intelligence agency, GCHQ, is facing legal action over its alleged use of hacking tools to infect computers and smartphones with malicious software, to remotely hijack users' cameras and microphones without their consent.
Rights group Privacy International has filed a legal complaint with the investigatory powers tribunal (IPT), claiming that GCHQ's alleged use of such surveillance techniques is “incompatible with democratic principles and human rights standards”. Moreover, it claims that GCHQ has no clear lawful authority to conduct hacking.
“The hacking programmes being undertaken by GCHQ are the modern equivalent of the government entering your house, rummaging through your filing cabinets, diaries, journals and correspondence, before planting bugs in every room you enter. Intelligence agencies can do all this without you even knowing about it, and can invade the privacy of anyone around the world with a few clicks," said Eric King, deputy director of Privacy International.
"All of this is being done under a cloak of secrecy without any public debate or clear lawful authority. Arbitrary powers such as these are the purview of dictatorships not democracies. Unrestrained, unregulated Government spying of this kind is the antithesis of the rule of law and Government must be held accountable for their actions.”
The extent of GCHQ’s capabilities was revealed in documents leaked by Edward Snowden, which detail how GCHQ and NSA are using malware to conduct surveillance that is potentially far more intrusive than any other current surveillance technique.
This includes taking over a device's microphone and recording conversations taking place near the device, taking over a device's webcam and snapping photographs, recording Internet browsing histories and collecting login details and passwords used to access websites and email accounts.
GCHQ agents are also reportedly able to surreptitiously log keystrokes entered into a device, extract data from removable flash drives that connect to an infected computer, identify the geographic whereabouts of the user, and retrieve any content from a phone, including text messages, emails, web history, call records, videos, photos, address books, notes, and calendars.
Privacy International claims this is equivalent to "covert, complete, real-time physical and electronic surveillance, as well as historical surveillance, of everything that person does, sees and says". The use of such capabilities is a violation of Article 8 (the right to privacy) and Article 10 (right to freedom of expression) of the European Convention on Human Rights, according to the rights group.
Privacy International's submission will join a long line of legal challenges brought by civil liberties groups following Edward Snowden's revelations. Other compliants have been lodged with the European court of human rights and the Organisation for Economic Cooperation and Development (OECD).
Last month, however, the Interception of Communications Commissioner cleared GCHQ of any wrongdoing in the Edward Snowden exposes, concluding that Britain’s spy agencies do not carry out “random mass intrusions” of law abiding citizens.
Sir Anthony May also dismissed claims that GCHQ had accessed details of individuals via the NSA in order to circumvent UK laws.
He added that any member of the public who "does not associate with potential terrorists or serious criminals" can be assured that the interception agencies do not have "the slightest interest in examining their emails, their phone or postal communications or their use of the Internet".
