FREE TO PROTEST: THE PROTESTOR'S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT

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FREE TO
PROTEST:
THE PROTESTOR’S
GUIDE TO POLICE
SURVEILLANCE AND
HOW TO AVOID IT

                   privacyinternational.org
A GUIDE
   ABOUT POLICE
   SURVEILLANCE
   OF YOUR DEVICES

FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021)   PRIVACYINTERNATIONAL.ORG
HOW MOBILE PHONE
                                                                                                                          How might mobile                        What to think about
EXTRACTION CAN BE USED                                                                                                    phone extraction                        when going to a
AT A PROTEST AND HOW YOU                                                                                                  tools be used at a
                                                                                                                          protest?
                                                                                                                                                                  protest
                                                                                                                                                                  • Keeping your phone’s operating

CAN MINIMISE RISKS TO                                                                                                     • The majority of UK police forces
                                                                                                                            have purchased MPE tools
                                                                                                                                                                    system (Android or iOS) up to date,
                                                                                                                                                                    which means it will have the latest
                                                                                                                                                                    security features, is likely the best
YOUR DATA                                                                                                                   and may use them in a range
                                                                                                                            of circumstances, including at
                                                                                                                                                                    way to prevent MPE.
                                                                                                                            protests.                             • While the most effective way
                                                                                                                                                                    of protecting yourself against
                                                                                                                          • In order to extract the data stored
                                                                                                                                                                    MPE is to not take your phone
                                                                                                                            on it, the police would need to
                                                                                                                                                                    to a protest, this is unlikely to be
                                                                                                                            physically access your mobile
                                                                                                                                                                    a realistic solution. Indeed, not
  What do mobile phone extraction tools do?                                                                                 phone. The police might take your
                                                                                                                            phone if you have been detained,
                                                                                                                                                                    having your phone may leave you
                                                                                                                                                                    vulnerable in other ways.
  • Mobile phone extraction (MPE) tools               - location information history;                                       arrested or searched during
    are devices that allow the police to                                                                                    a protest, but also if you have       • While you should keep your
                                                      - wifi network connections (which
    extract data from mobile phones,                                                                                        witnessed or are even the victim        phone locked, some MPE tools are
                                                        can reveal the locations of any
    including:                                                                                                              of a crime.                             reportedly designed to access
                                                        place where you’ve connected to
    - contacts;                                         wifi, such as your workplace or a                                                                           even locked phones. Their ability
                                                        café).                                                                                                      to bypass this security does,
    - call data (i.e. who you call, when,
                                                                                                                                                                    however, depend on the phone
      and for how long);
                                                    • Some MPE tools may also access                                                                                and its operating system.
    - text messages (including who you                data stored in the Cloud (so even if
      texted and when);                               you’re very careful about minimising                                                                        • Before going to a protest, you
    - stored files (photos, videos, audio             data stored on your device, it                                                                                may want to consider backing
      files, documents etc);                          can still be accessed if it is stored                                                                         up your phone data to your
                                                      online), or data you don’t even know                                                                          computer, and then removing that
    -app data (including the data                                                                                                                                   data from your phone. But you
                                                      exists, and even deleted data.
     stored on these apps);                                                                                                                                         should be aware that some MPE
                                                                                                                                                                    tools are able to recover deleted
                                                                                                                                                                    data. If you have saved the data
                                                                                                                                                                    onto a cloud service, some MPE
                                                                                                                                                                    tools can still access that data.

FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021)                                                            PRIVACYINTERNATIONAL.ORG
HOW ‘CLOUD EXTRACTION’
TOOLS CAN BE USED AT A
PROTEST AND HOW YOU CAN
MINIMISE RISKS TO YOUR DATA                                                                                               What to think about when going to a protest
                                                                                                                                                                    through WhatsApp, if you back up
                                                                                                                          • While you could consider leaving
                                                                                                                            your phone at home, if that is not a    your WhatsApp messages to the
                                                                                                                            realistic solution, you should think    Cloud, these encrypted backups
                                                          How might cloud                                                   about switching off cloud back-up       could be accessed by the police
                                                          extraction tools be                                               in the applications on your phone       using cloud extraction tools on your
                                                                                                                            that you use, and logging out of all    phone.
                                                          used at a protest?                                                cloud-based services. This will avoid
                                                                                                                            data being stored in the Cloud and    • Some applications, such as Uber,
                                                          • In order to extract your cloud
                                                                                                                            prevent access to this data from your   Twitter, WhatsApp and Facebook will
                                                            data, the police would need
                                                                                                                            mobile phone.                           allow you to switch off the location
                                                            to physically access your
                                                                                                                                                                    data being stored in the Cloud. This
                                                            mobile phone. The police might
                                                                                                                          • Before going to a protest, you should   may prevent the police being able to
                                                            confiscate your phone if you have
  What are ‘cloud                                           been detained or arrested during                                be aware that even if you use end-      track where you have been.
                                                                                                                            to-end encrypted messaging
  extraction tools’ and                                     a protest, but also if you have
                                                            witnessed a crime and even if
  what do they do?                                          you are a victim of a crime (See
  • Cloud extraction technology                             also Protest Guide about mobile
    enables the police to access data                       phone extraction).
    stored in your ‘Cloud’ via your
                                                          • All of this information could be
    mobile phone or other devices.
                                                            used to identify protesters and
  • The use of cloud extraction tools                       organisers and find out about the
    means the police can access data                        location of protests and actions.
    that you store online. Examples
                                                          • Your cloud data does not just
    of apps that store data in the
                                                            reveal information about you, it
    Cloud include Slack, Instagram,
                                                            can also reveal much about your
    Telegram, Twitter, Facebook and
                                                            friends, family, and anyone else
    Uber.
                                                            you interact with online, such as
                                                            fellow protestors. For example,
                                                            you may have old contacts stored
                                                            in the Cloud, which have been
                                                            deleted from the phone itself.

FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021)                                                              PRIVACYINTERNATIONAL.ORG
HOW IMSI CATCHERS CAN BE                                                                                                  How might IMSI
                                                                                                                          catchers be used at a
USED AT A PROTEST AND HOW                                                                                                 protest?
YOU CAN MINIMISE RISKS                                                                                                    • The police can use IMSI catchers
                                                                                                                            to identify who was at a protest,    What to think about
TO YOUR DATA                                                                                                                by capturing the IMSI numbers
                                                                                                                            of all the phones that were in its   when going to a
                                                                                                                            vicinity at that protest.
                                                                                                                                                                 protest
                                                                                                                          • Some types of IMSI catchers can      • Putting your phone into
                                                                                                                            even enable the police to disrupt      airplane mode or switching it off
                                                                                                                            or prevent protests before they        completely will mean that an IMSI
  What is an IMSI catcher?                                                                                                  even happen.                           catcher can’t track you or your
  • ‘IMSI’ stands for ‘international mobile           • IMSI catchers do not read data stored                                                                      communications.
                                                                                                                          • For example, they can be used
    subscriber identity’, a number unique               on a phone. Instead, these devices
                                                                                                                            to monitor or block your calls and   • If you want to prevent the content
    to your SIM card. IMSI catchers are also            can be used to try to intercept text
                                                        messages and phone calls.                                           messages; edit your messages           of your text messages being
    known as ‘Stingrays’.
                                                                                                                            without your knowledge; or             tracked by an IMSI catcher, you
  • An ‘IMSI catcher’ is a device that locates • Depending on the IMSI catcher’s                                            even write and send someone            can use messaging services that
    and then tracks all mobile phones that        capabilities and on the network your                                      messages pretending to be from         use end-to-end encryption, such
    are connected to a phone network in           phone is connecting to, more advanced                                     you.1                                  as Signal and WhatsApp. The only
    its vicinity, by ‘catching’ the unique IMSI   attacks could take place, even                                                                                   information an IMSI catcher could
    number.                                       though this is unlikely. Some Stingray                                                                           potentially collect is the fact that
                                                  devices rely on known weaknesses of                                                                              you are using these messaging
  • It does this by pretending to be a mobile     communication protocols and can force
                                                                                                                                                                   apps, not the content itself.
    phone tower, tricking mobile phones           your phone to downgrade the protocols
    nearby to connect to it, enabling it to       it is using, to make your communications
                                                                                                                                                                 • While IMSI catchers do not read
    then intercept the data from that phone       less secure and more easily accessible
                                                                                                                                                                   data stored on the phone, do
    to the cell tower without the phone           (e.g. by downgrading communications
    user’s knowledge.                             over 3G to 2G, because as far as we                                                                              bear in mind that the police
                                                  know, content interception and real-                                                                             have other technology that does
  • The most accessible information about         time decryption can only be performed                                                                            enable them to access data
    you in this situation is your location. It is when the target is connected over the                                                                            on your phone, such as ‘mobile
    unavoidable that cell towers know your        2G network).                                                                                                     phone extraction’ and hacking
    rough location through triangulation -                                                                                                                         tools.
    indeed, this is how they provide you with • IMSI catchers cannot read the contents
    their service in the first place. By putting  of encrypted messages you exchange
    itself between you and the cell tower,        through platforms that use end-to-end
    an IMSI catcher can work out your rough       encryption (e.g. Signal, WhatsApp, Wire).                                                                       1.
                                                                                                                                                                     We don’t know for sure whether British police
    location.                                                                                                                                                     forces are currently using IMSI catchers with these
                                                                                                                                                                  kinds of capabilities. As police forces ‘neither
                                                                                                                                                                  confirm, nor deny’ the use of IMSI catchers, it’s hard
                                                                                                                                                                  to know what type they are using.

FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021)                                                                   PRIVACYINTERNATIONAL.ORG
HOW SOCIAL MEDIA
MONITORING CAN BE USED
AT A PROTEST AND HOW
YOU CAN MINIMISE RISKS TO                                                                                                  What to think about when going to a protest
YOUR DATA                                                                                                                 • If you upload your protest images
                                                                                                                            to your social media accounts, they
                                                                                                                                                                     • If you want to upload your protest
                                                                                                                                                                       images to social media accounts,
                                                                                                                            may be used to identify and place          consider removing the EXIF data
                                                                                                                            individuals at the scene of a protest.     beforehand. EXIF data is metadata
                                                                                                                                                                       associated with your images that
  What is social media                                    How is social media                                             • If your location settings are switched     can reveal information such as the
  monitoring?                                             monitoring used in                                                on for your social media platforms or
                                                                                                                            your camera and photo apps, and
                                                                                                                                                                       location, time and date and device
                                                                                                                                                                       used.
  • Social media monitoring refers                        relation to protests?                                             you then post online from or near
    to the monitoring, gathering and                                                                                        the site of a protest, police may gain   • Be wary, footage can still be
                                                          • Protest organisers will often use
    analysis of information shared on                                                                                       access to that location data.              geolocated from background
                                                            social media to organise protests,
    social media platforms, such as                                                                                                                                    information (e.g. a monument or
                                                            communicate with protestors,                                  • If you want to use social media while
    Facebook, Twitter, Instagram and                                                                                                                                   landmark). Keep this in mind when
                                                            and upload photos and videos of                                 at a protest, you should consider
    Reddit.                                                                                                                                                            filming your surroundings and try to
                                                            protests.                                                       switching off your location settings       avoid identifiable backgrounds.
  • It may include snooping on                                                                                              on the platform(s) you will be using.
                                                          • In turn this means the police can
    content posted to public or                                                                                             If you do decide to share protest
                                                            ‘data mine’ social media pages
    private groups or pages. It may                                                                                         images, do not tag individuals that
                                                            and groups to learn the identities
    also involve “scraping” – grabbing                                                                                      were involved in the protest without
                                                            and affiliations of the organisers,
    all the data from a social media                                                                                        their consent, as this could create a
                                                            the location and timing of a
    platform, including content                                                                                             trail that police may rely on to place
                                                            planned action, and other related
    you post and data about your                                                                                            people at the protest.
                                                            information.
    behaviour (such as what you like
    and share).                                           • The police may track social media
                                                            posts relating to past or future
  • Through scraping and other tools,
                                                            protests to identify protesters.
    social media monitoring permits
    the collection and analysis of a                      • The police might also apply facial
    large pool of social media data,                        recognition technology or gait
    which can be used to generate                           recognition technology to protest
    profiles and predictions about                          images and videos uploaded to
    users.                                                  social media to identify protestors.

FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021)                                                                  PRIVACYINTERNATIONAL.ORG
HOW HACKING CAN BE USED                                                                                                   What to think about
                                                                                                                          when going to a
AT PROTESTS AND HOW YOU                                                                                                   protest
CAN MINIMISE RISKS TO                                                                                                     • Keeping your device up to
                                                                                                                            date is a good way to prevent

YOUR DATA                                                                                                                   hacking, as hacking often exploits
                                                                                                                            vulnerabilities that have been
                                                                                                                            disclosed but not yet patched.

                                                                                                                          • Ensure that your device is running
  What is hacking?                                                                                                          the latest available version of its
  • Hacking refers to finding
                                                          How can hacking be                                                operating system (Android or iOS)
    vulnerabilities in electronic                         used at protests?                                                 and that all your apps are up to
    systems, either to report and                                                                                           date to improve your security and
                                                          • The police are able to hack into                                minimize the risk of hacking.
    repair them, or to exploit them.
                                                            communications through the use
  • Hacking can help to identify                            of, for example, ‘IMSI catchers’.                             • While you should keep your phone
    and fix security flaws in devices,                      But IMSI catchers can only                                      or other electronic devices locked,
    networks and services that millions                     intercept information that is being                             some hacking techniques can
    of people may use. But it can also                      transmitted between a mobile                                    access even locked devices. Their
    be used to access our devices,                          device and a cell tower; IMSI                                   ability to bypass this security,
    collect information about us, and                       catchers can’t access information                               does however depend on the
    manipulate us and our devices in                        that is stored on the device.                                   hacking technique used and the
    other ways.                                                                                                             device it targets.
                                                          • So the police can use
  • Hacking comprises a range of                            sophisticated hacking techniques                              • Before going to a protest, you
    ever-evolving techniques. It can                        to get remote access to                                         may want to consider backing
    be done remotely, but it can also                       information stored on a phone,                                  up your phone data to another
    include physical interference with                      laptop or other internet-                                       device, and then removing that
    a device or system – for instance                       connected device used to                                        data from the devices you take
    by forcing a mobile phone to                            organise or participate in protests,                            with you. But you should be aware
    unlock.                                                 even if they are secured with a                                 that some hacking tools are able
                                                            password, fingerprint or face                                   to recover deleted data. If you
  • It can also involve taking                              unlock.                                                         have saved the data onto a cloud
    advantage of people to gain                                                                                             service, some hacking tools can
    access to their technology. An                        • The police may also collect and                                 still access that data.
    example would be ‘phishing’,                            gain access to any devices that
    where an attacker impersonates a                        are dropped, lost or confiscated                              • You should always be careful
    trusted person or organisation to                       from protesters at a protest.                                   about what links you click, to
    send a link or attachment infected                                                                                      avoid ‘phishing’ attacks.
    with malware.

FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021)                    PRIVACYINTERNATIONAL.ORG
A GUIDE TO
   SURVEILLANCE OF
   YOUR FACE AND
   BODY

FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021)   PRIVACYINTERNATIONAL.ORG
HOW FACIAL RECOGNITION                                                                                                                                             What to think about
TECHNOLOGY CAN BE USED                                                                                                                                             when going to a
                                                                                                                                                                   protest
AT A PROTEST AND HOW YOU                                                                                                                                           • If you want to try to maintain
                                                                                                                                                                     your anonymity, you may want to
CAN TRY TO MAINTAIN YOUR                                                                                                                                             consider wearing a face covering
                                                                                                                                                                     such as a bandana, which may
                                                                                                                          • As protesters’ face data is
ANONYMITY
                                                                                                                                                                     make it harder for FRT to capture
                                                                                                                            collected, this data can then            accurate images of your facial
                                                                                                                            be added to one or more pre-             features.
                                                                                                                            existing watchlists, where it can be
                                                                                                                            compared against face data from        • Other options for disrupting FRT
                                                                                                                            other sources to find a match.           include the use of face paint
                                                                                                                                                                     and clothes with designs meant
                                                                                                                          • Such data could also potentially         to interfere with accurate facial
  What is Facial                                                                                                            be used to create a new                  recognition. FRT is constantly
                                                                                                                            database of people who attend
  Recognition                                                                                                               protests for future matching and
                                                                                                                                                                     changing and improving, however,
                                                                                                                                                                     so face coverings and these other
  Technology?                                             How might it be                                                   identification.                          methods may prove less effective
  • Facial recognition technology                         used in relation to a                                                                                      in the future.
    (FRT) collects and processes
    data about people’s faces, and
                                                          protest?                                                                                                 • Police powers to demand the
                                                                                                                                                                     removal of such coverings and
    can be used to identify people.                       • FRT may be used to monitor,
                                                                                                                                                                     clothing vary depending on the
    FRT matches captured images                             track and identify people’s faces
                                                                                                                                                                     context and jurisdiction. At the
    with images stored in existing                          in public spaces, including at
                                                                                                                                                                     time of writing, we are in the midst
    databases or ‘watchlists’.                              protests. This may be done openly
                                                                                                                                                                     of the Coronavirus epidemic, so
                                                            or surreptitiously, without people
                                                                                                                                                                     current rules may be subject to
                                                            knowing or consenting.
                                                                                                                                                                     change.
                                                          • FRT-enabled cameras can take
                                                                                                                                                                   • As the police can use FRT
                                                            pictures or videos, and identify
                                                                                                                                                                     to analyse images or video
                                                            people in real-time or at a later
                                                                                                                                                                     recordings on social media,
                                                            point. FRT can also be used to
                                                                                                                                                                     consider this carefully before you
                                                            analyse and identify existing
                                                                                                                                                                     post any images from a protest
                                                            images, for example photos and
                                                                                                                                                                     that feature the faces of other
                                                            videos of protests uploaded to
                                                                                                                                                                     protestors.
                                                            social media.
                                                                                                                                                                   • As such, you may want to consider
                                                                                                                                                                     using face blurring tools before
                                                                                                                                                                     posting photos or videos online.

FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021)                                                             PRIVACYINTERNATIONAL.ORG
HOW GAIT RECOGNITION
TECHNOLOGY CAN BE USED                                                                                                                What to think about
                                                                                                                                      when going to a
AT A PROTEST AND HOW YOU                                                                                                              protest
CAN TRY TO MAINTAIN YOUR                                                                                                              • As the police can use GRT
                                                                                                                                        to analyse images or video

ANONYMITY
                                                                                                                                        recordings on social media,
                                                                                                                                        consider this carefully before
                                                                                                                                        you post any images or video
                                                                                                                                        recordings from a protest that
                                                                                                                                        feature other protestors.
  What is gait
  recognition                                                                                                                         • To a certain extent, it is possible to
                                                                                                                                        disguise your body shape by, for
  technology?                                                                                                                           example, wearing baggy clothes,
                                                                                                                                        but GRT is sophisticated enough
  • Gait recognition technology (GRT)
                                                                                                                                        to pick up the unique movement
    can analyse the shape of an
                                                                                                                                        of different people even under
    individual’s body and the unique
    way in which that body moves
                                                         How might it be used during a                                                  such disguises. Similarly, changing
                                                                                                                                        how you walk by, for example,
    when walking or running, which                       protest?                                                                       faking a limp, will not be sufficient
    can then be used to identify them.
                                                                                                                                        to fool a GRT system.
                                                         • GRT could be used to monitor, • As protesters’ body data
  • GRT works in a similar way to                          track and identify people       gets collected, it can then be
    facial recognition technology. But                     by the shape of their bodies    added to one or more pre-
    the two main differences are:                          and how they move in public     existing watchlists, where this
                                                           spaces, including at protests,  data can be compared to
    –GRT may be used at a fairly long                      without people knowing or       existing body data from other
     range (at the time of writing,                        consenting.                     sources, to try to find a match.
     about 165 feet / 50 metres),
     unlike FRT which generally                          • GRT can be used to take                  • But it could also potentially
     requires more close up, detailed                      pictures or record videos, and             be used to create a new
     facial images.                                        identify people in real-time or            database of people who
                                                           at a later point. It can also be           attend protests, for future
    –GRT can also accurately identify                                                                 matching and identification.
                                                           used to analyse and identify
     an individual even when that
                                                           existing images, for example
     person’s facial features are
                                                           photos and videos of protests
     covered, as it doesn’t actually
                                                           uploaded to social media.
     rely on ‘face data’ at all.

FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021)                                 PRIVACYINTERNATIONAL.ORG
HOW BODY WORN
VIDEO CAMERAS CAN                                                                                                         What to think about
BE USED AT A PROTEST                                                                                                      when going to a
                                                                                                                          protest
                                                                                                                          • While the Met Police, for example,
                                                                                                                            claim that BWV cameras act
                                                                                                                            as an ‘independent witness’,
                                                                                                                            individual police officers are able
                                                                                                                            to switch the cameras on and
  What do Body Worn                                       How might body worn                                               off or decide where to direct the
                                                                                                                            camera, so they are in control
  Video cameras do?                                       video cameras be                                                  of what they record - and don’t
                                                                                                                            record.
  • Body Worn Video (BWV) cameras                         used at a protest?
    can be attached to a police                                                                                           • See our separate ‘Free to Protest’
                                                          • BWV cameras may be used at
    officer’s clothing – often at chest,                                                                                    guide to Facial Recognition
                                                            protests to monitor actions of
    shoulder or head level – and                                                                                            Technology, regarding the
                                                            protestors.
    record video, including sound,                                                                                          processing of BWV camera
    from the officer’s perspective.                       • They do not usually capture the                                 footage by facial recognition
                                                            police officer’s own actions.                                   software.
  • BWV cameras will probably
    be visible to you, and when it’s                      • Outside the context of protests,
    recording, a flashing light should                      BWV cameras are normally
    appear on the device.                                   switched on only at the start of
                                                            an incident. But at a protest,
                                                            they may remain switched on
                                                            throughout.

                                                          • Some cameras require the video
                                                            to be uploaded to a server
                                                            manually afterwards, but some
                                                            newer BWV cameras enable the
                                                            footage to be live streamed back
                                                            to a police station.

                                                          • The footage may be processed
                                                            afterwards, for example, by facial
                                                            recognition software.

FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021)                                           PRIVACYINTERNATIONAL.ORG
HOW POLICE DRONES
TECHNOLOGY CAN BE USED                                                                                                    What to think about
                                                                                                                          when going to a
AT A PROTEST AND HOW YOU                                                                                                  protest

CAN TRY TO MAINTAIN YOUR
                                                                                                                          • Drones use and impact on with
                                                                                                                            your anonymity depends on the
                                                                                                                            technologies they are equipped

ANONYMITY                                                                                                                   with.

                                                                                                                          • See our ‘Free to Protest’ guides
                                                                                                                            about Facial Recognition
                                                                                                                            Technology and IMSI catchers,
                                                                                                                            as these are common tools that
  What are police                                                                                                           a drone could use to monitor the
  drones?                                                                                                                   activities of protestors.

  • Drones are remotely controlled                        How might drones be
    Unmanned Aerial Vehicles (UAVs)
    of varying sizes.
                                                          used during protests?
                                                          • Camera-enabled drones may
  • They usually come equipped                              be used to remotely monitor
    with cameras and might be                               and track people’s movements
    enabled with Facial Recognition                         in public spaces, including at
    Technology.                                             protests, without them consenting
                                                            or even knowing.
  • Drones can be equipped with
    speakers, surveillance equipment,                     • Similarly, when equipped with
    radar and communications                                communication interception
    interception tools, such as ‘IMSI                       technologies, drones can be used
    catchers’.                                              to monitor and track protestors’
                                                            calls and messages, in and
                                                            around the area where a protest is
                                                            taking place.

                                                          • Drones equipped with speakers
                                                            may also be used to communicate
                                                            with protesters, for example by
                                                            giving them orders, instructions or
                                                            warnings.1                                                     1
                                                                                                                            We don’t know for sure what kinds of capabilities the drones
                                                                                                                           used by British police forces are equipped with.

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A GUIDE TO
   POLICING
   DATABASES AND
   PREDICTIVE
   POLICING TOOLS

FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021)   PRIVACYINTERNATIONAL.ORG
HOW THE ‘LAW
ENFORCEMENT DATA
SERVICE’ (LEDS) CAN BE                                                                                                    What to think of
                                                                                                                          before you go to a
USED AT PROTESTS                                                                                                          protest
                                                                                                                          • At the time of writing (Spring 2021),
                                                                                                                            LEDS is not yet operational, so it is
                                                          How might LEDS be                                                 unlikely to affect your attendance

  What is LEDS?                                           used at a protest?                                                at a protest for the time being.
                                                                                                                            The Home Office expects the first
                                                          • If you are stopped at a protest by                              stage of LEDS to be operational
  • LEDS is a new mega-database
                                                            the police, officers will be able to                            by late 2021.
    currently being developed by the
                                                            search for your details in the LEDS
    Home Office.                                                                                                          • However, you need to be aware
                                                            database (once it is operational).
                                                            This will provide much more                                     that the police may still record
  • LEDS will replace and combine
                                                            information to the police on a                                  your details in other databases,
    the existing Police National
                                                            single interface than they have                                 such as the PNC and the PND,
    Database (PND) and the Police
                                                            ever had before. Information                                    which will later become part of
    National Computer (PNC). The aim
                                                            held about you on LEDS could                                    LEDS.
    is to provide police and others
    with a super-database, with on-                         include your immigration status,
                                                            driving license information, and                              • You should also be aware that
    demand, at the point of need                                                                                            LEDS will not be open for public
    access, containing up-to-date                           intelligence previously gathered
                                                            about you.                                                      access and therefore individuals
    and linked information about                                                                                            whose information is contained
    individuals’ lives.                                                                                                     in the system may not have any
                                                          • Police officers will be able to
                                                            create a record about you in the                                knowledge that such an entry
  • Once your details are in LEDS,
                                                            LEDS database if a prior record                                 exists, let alone be able to correct
    numerous agencies will have
                                                            does not already exist.                                         any errors.
    access to that information (e.g.
    HMRC and DVLA), which can then
                                                          • Further, images that are stored
    be utilised in a way that could
                                                            in LEDS may also be used as
    negatively affect individuals’ lives,
                                                            watchlists, which police can use
    employment, state benefits and
                                                            at protests. Once operational,
    immigration status.
                                                            images from LEDS may also be
                                                            analysed by facial recognition
                                                            technology, further enhancing the
                                                            police’s ability to identify people
                                                            at protests.

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HOW PREDICTIVE POLICING
CAN BE USED AT PROTESTS                                                                                                   What to think about
                                                                                                                          when going to a
                                                                                                                          protest
  What is predictive                                                                                                      • Any photos, videos or messages
                                                                                                                            that you share about a protest
  policing?                                                                                                                 on any online platform may be
  • Predictive policing programs are                                                                                        analysed by the police to identify
    used by the police to estimate                                                                                          protesters. Once identified, they
    where and when crimes are                                                                                               can then be added to watchlists
    likely to be committed – or who                                                                                         or used to create profiles that
    is likely to commit them. These                                                                                         then can feed into predictive
    programs work by feeding historic                                                                                       policing tools.
    policing data through computer
                                                                                                                          • If police have already classified
    algorithms.                                           How is predictive                                                 you as someone that is likely to
                                                                                                                            commit a crime, this may further
  • For example, a program might                          policing likely to be                                             be used to detain, arrest, or stop
    evaluate data about past crimes
    to predict where future crimes will                   used in protests?                                                 and search you during a protest.
    happen – identifying ‘hot spots’                      • The police may use facial
    or ‘boxes’ on a map. But the                            recognition technology, IMSI
    data these programs use can be                          catchers or geo-location
    incomplete or biased, leading to a                      technology to identify protesters
    ‘feedback loop’ – sending officers                      and add them to databases or
    to communities that are already                         watchlists.
    unfairly over-policed.
                                                          • Individuals are also often unaware
  • Other predictive policing                               if they have been included on a
    programs may suggest how                                Police database or a watchlists
    people will behave. These                               and as a result, their removal from
    programs are fed information                            it is very difficult, if not impossible.
    about a person, and then they
    decide whether that person is
    likely to commit an offence.

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A GUIDE TO
   PROTECT YOUR
   DEVICES AGAINST
   SURVEILLANCE

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HOW THE POLICE CAN
DETERMINE YOUR LOCATION,
AND HOW YOU CAN BETTER
CONTROL ACCESS TO YOUR
LOCATION DATA
  Where is my phone’s location data stored?                                                                               How can my location data be accessed?
  Your phone can be located in two main ways, using GPS or mobile                                                         There are a number of methods the police can use to can gain access to your
  network location:                                                                                                       (phone) location:

   1. GPS                                              2. Mobile network location                                         1. GPS                                      2. Mobile network location
   • GPS (that stands for Global             • Mobile network location (or Global                                         • Accessing GPS location data              • Your approximate location data can
     Positioning System) uses satellite        System for Mobile Communications                                             depends on where the data is               be accessed by the police through
     navigation to locate your phone           (GSM) localisation) relies on your                                           stored. It can be done using a             your service provider.
     fairly precisely (within a few metres),   cellular network, and can be                                                 ‘mobile phone extraction’ device,
     and relies on a GPS chip inside your      determined as soon as you are                                                which plugs into your phone and          • This means that the police don’t
     handset.                                  connected to the network (i.e. your                                          downloads all the data stored on           need access to your phone handset
                                               phone is switched on and not in                                              it, including details of locations you     to determine that you were within a
   • Depending on the phone you use,           airplane mode) but is far less precise                                       have visited.                              certain proximity of a protest.
     your GPS location data might be           than GPS. Your approximate location
     stored locally and/or on a cloud          can be determined with an accuracy                                         • Access to your GPS data may              • Another means of accessing this
     service like Google Cloud or iCloud. It   range of a few dozen metres in a city,                                       also be possible through device            same information is to use an ‘IMSI
     might also be collected by any app        or hundreds of metres in rural areas.                                        hacking, an advanced technique             catcher’ (also known as a ‘Stingray’),
     that you use that has access to your                                                                                   which might not necessarily require        a device deployed to intercept and
     GPS location.                           • This location data is stored by your                                         physical access to your phone and          track all mobile phones switched on
                                               network provider.                                                            could be done remotely.                    and connected to a mobile network
                                                                                                                                                                       in a specific area.
                                                                                                                          • If your GPS data is also stored
                                                                                                                            on an online account (e.g. iCloud
  Other methods can also be used to determine your location indirectly, such
                                                                                                                            or Google Maps), it can be
  as open wifi access points and Bluetooth beacons your phones connects
                                                                                                                            accessed through cloud extraction
  to or location metadata embedded in your photos.
                                                                                                                            technologies or legal requests to
                                                                                                                            the companies that store that data.

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How to better control your location data

   1. GPS                                                 • Removing permissions to access your                  • If you’ve taken pictures with your        2. Mobile network location
                                                            location for all apps can prevent                      location services switched on, the
   • The best way to prevent your                           this data being stored on an online                    location where the picture was taken      • When it comes to mobile network
     location being accessed is to limit the                account.                                               might be included in the metadata           location, the only way to have control
     generation of the location data in the                                                                        (known as EXIF data) of the image. You      over it is to prevent connection to the
     first place.                              • If you absolutely need an app to have                             might want to disable location services     network at all.
                                                 access to your GPS data, inspect the                              while taking pictures, or you can use
   • In the case of GPS, it can be as simple     settings of that app to ensure that you                           software or an app to erase this EXIF     • Having your phone switched off, in
     as switching off your GPS (often referred   understand if your location is being                              data afterwards (for example, the           airplane mode, or in a faraday cage
     to as ‘location services’). But bear in     stored online or just locally on your app.                        Signal messaging app erases EXIF data       will prevent connection to your mobile
     mind that the location data of any          For example, if you use Google Maps                               when you send images).                      network, and therefore make GSM
     previous occasions where you did have       while logged into a Google account,                                                                           geolocation impossible. A faraday cage
     it switched on might still be accessible.   you might want to disable location                              • Similarly, turning off your wifi or         or switching off your phone prevents
                                                 history in the settings so that your                              Bluetooth can prevent your phone            any and all types of connection to any
   • If you still need to use GPS on your        location history won’t be stored in your                          from connecting to unwanted access          phone network. Whereas just using
     phone, check individual apps’               Google account.                                                   points and providing indirect location      airplane mode means that some types
     permissions to access your location to                                                                        information.                                of connections can still be made (e.g.
     minimise the spread of this information.                                                                                                                  Bluetooth or GPS).

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HOW THE POLICE CAN GAIN                                                                                                   How can my
                                                                                                                          images, contacts
                                                                                                                                                                  How to limit the risk of
                                                                                                                                                                  your images, contact
ACCESS TO YOUR PHONE’S                                                                                                    and documents be                        and documents being
                                                                                                                          accessed by the                         accessed
IMAGES, CONTACTS AND                                                                                                      police?                                 • To prevent being targeted by

DOCUMENTS, AND HOW YOU
                                                                                                                                                                    cloud extraction techniques, you
                                                                                                                          There are a few ways the police           would need to refrain from using
                                                                                                                          can gain access to this data,             Cloud services altogether.

CAN BETTER CONTROL ACCESS
                                                                                                                          depending on how it is stored:
                                                                                                                                                                  • If giving up Cloud services entirely
                                                                                                                          • If you store all your data locally      is going to create too much
                                                                                                                            on your phone, then it can be           inconvenience for you, consider not
                                                                                                                            accessed using a ‘mobile phone          uploading sensitive content to the
                                                                                                                            extraction’ device, which connects      Cloud. Reviewing apps’ settings
  Where are my images, contacts and                                                                                         to your phone and downloads all         and features is also a good way
  documents stored?                                                                                                         the data stored in it. This method      to ensure you know what data on
                                                                                                                            cannot be used remotely - the           your phone is being backed-up
  • You generate data every time you                   of the time you will also generate                                   police would need physical access       online (for example, WhatsApp
    use your phone e.g. you generate                   ‘metadata’ that is coupled to it (e.g.                               to your phone.                          backups can be stored on Google
    data when you take photographs or                  a photo will have metadata such as                                                                           Drive, so even though your
    record videos, when you create or                  the time and location it was shot).                                • Device hacking is an advanced           WhatsApp messages are end-
    edit notes and documents on the go,                This metadata can be as revealing,                                   technique that gives access to          to-end encrypted, using cloud
    and when you add new names and                     if not more revealing, than the photo                                a certain amount of data in your        extraction tools these messages
    numbers to your contacts directory.                itself.                                                              phone, but not necessarily all of       could still be accessed from your
                                                                                                                            it. Unlike mobile phone extraction,     Google Drive backup).
  • All this data is created through                  • All this data will be stored on your                                hacking doesn’t necessarily
    dedicated apps - your camera and                    phone’s internal memory (including                                                                        • However, as the device user, you
                                                                                                                            require physical access to your         have some control over the data
    photo apps, social media apps,                      any external memory attached, such                                  device. This means that this
    notes apps, and your contacts app                   as a MicroSD card), or on the Cloud,                                                                        you generate in the first place, and
                                                                                                                            method can be used any time             where it is stored. Having a good
    are just some examples.                             or both if you are using any cloud                                  before or after a protest.
                                                        services as a backup.                                                                                       understanding of what information
  • It is important to note that when you                                                                                                                           your phone holds about you
                                                                                                                          • If you are syncing your images,         means that if such tools were to be
    create any file on your phone, most                                                                                     documents and contacts using            used on your phone, you are more
                                                                                                                            any cloud services (iCloud,             likely to be aware of what data is
                                                                                                                            Dropbox or Google Drive for             being accessed.
                                                                                                                            example), the police can use
                                                                                                                            ‘cloud extraction’ tools remotely     • Ensuring the content of your
                                                                                                                            to access this information without      phone is encrypted and that your
                                                                                                                            your authorisation or knowledge,        operating system and apps are
                                                                                                                            or they can make a legal request        up to date will mitigate against
                                                                                                                            to the cloud service provider.          some methods of mobile phone
                                                                                                                                                                    extraction and device hacking.

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How can my communications be accessed
HOW THE POLICE CAN                                                                                                        by the police?
ACCESS YOUR DIGITAL                                                                                                       There are a few ways the police can
                                                                                                                          gain access to this data, depending
                                                                                                                          on where you have it stored:
                                                                                                                                                                          (e.g. WhatsApp backups on Google
                                                                                                                                                                          Drive/iCloud).

COMMUNICATIONS, AND
                                                                                                                                                                         • If some of your communications
                                                                                                                          • Accessing the communications                   on social networks are public (e.g.
                                                                                                                            stored on your phone (such as your             shared on an open Facebook group),

HOW YOU CAN BETTER                                                                                                          conversations in a text messaging
                                                                                                                            app) can be done through a ‘mobile
                                                                                                                                                                           the police can also use Social Media
                                                                                                                                                                           Intelligence (SOCMINT) tools to
                                                                                                                                                                           access them.
                                                                                                                            phone extraction’ device, which
CONTROL ACCESS                                                                                                              can be connected to your phone to
                                                                                                                            download all the data stored on it.
                                                                                                                                                                         • Your text messages and phone calls
                                                                                                                                                                           can be intercepted, recorded and
                                                                                                                          • Such access may also be possible               interfered with by the police using an
                                                                                                                            with device hacking, a technique               ‘IMSI catcher’, a device deployed to
                                                                                                                            which may not require physical                 track all mobile phones switched on
  Where are my communications stored?                                                                                       access to your phone.                          and connected to the network in a
                                                                                                                                                                           specific area.
  • Text messages/phone                      online or locally. Different messaging                                       • If your communications rely on a
                                                                                                                            service provider or a social network   • Your text messages can also be
    calls: Traditional cellphone             apps also rely on different protocols,                                                                                  accessed through a legal process
                                                                                                                            (such as Messenger, Telegram,
    communications happen over the           which means that some messaging                                                                                         targeting your service provider.
                                                                                                                            Instagram, TikTok), the police
    cellular network. You usually access     apps are more at risk of interception                                          can gain access through ‘cloud           Similar legal processes can be used
    those with the text message and          than others.                                                                   extraction’ technologies, without your   to request data from companies that
    phone call apps that are provided                                                                                       consent or knowledge. The same           might host your communications
    as standard on your phone. While       • Social networks: Except in rare                                                technique can be used to access          (e.g. Facebook).
    phone calls aren’t stored anywhere,      cases of decentralised/self-hosted                                             backups of your communication
    text messages are stored locally on      systems, your communications on
    your and the recipient’s devices. They   social networking apps will be stored
                                             by the service providers.
    might also be temporarily stored by
    the network provider.
                                                                                                                          How to limit the risk of your communications
                                                                                                                          being accessed
  • Messaging apps: Messaging                                                                                                                                             encrypted messaging apps to share
    platforms enable fairly secure                                                                                        • Limiting the risks starts with controlling
                                                                                                                            the amount and type of information            sensitive information.
    communication over the internet.
                                                                                                                            you share, with whom and through
    Depending on the app you use, your                                                                                                                                   • But do bear in mind that if you use
                                                                                                                            which medium.
    messages might be stored locally                                                                                                                                       cloud backup for any of your messaging
    on your and the recipient’s phone,                                                                                    • When sharing very sensitive                    apps, the content could still be
    on the service provider’s systems,                                                                                      information, consider meeting in               accessed using cloud extraction tools.
    and potentially online too. Some                                                                                        person.
                                                                                                                                                                         • Verify the identity of protestors you
    messaging apps also offer backup                                                                                      • If meeting in person is not an option,         are communicating with through a
    solutions which will be stored either                                                                                   given the low security of cellular             different communications channel (e.g.
                                                                                                                            networks, consider the use of secure           messaging them on another platform,
                                                                                                                            channels such as end-to-end                    or over encrypted email, or over a voice
                                                                                                                                                                           or video call).

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HOW THE POLICE CAN                                                                                                        How can my unique identifiers be accessed by
                                                                                                                          the police?
ACCESS YOUR PHONE’S                                                                                                       • Your IMSI and IMEI can be obtained           and address), it can be associated

‘UNIQUE IDENTIFIERS’,
                                                                                                                            by the police with an ‘IMSI catcher’,        with other data such as your
                                                                                                                            a device deployed to track all mobile        location. Some data brokers obtain
                                                                                                                            phones switched on and connected             massive amounts of data from

AND HOW YOU CAN TRY TO                                                                                                      to the network in its vicinity. Once this
                                                                                                                            identifier is intercepted, it might be
                                                                                                                                                                         phones and sell it to the police,
                                                                                                                                                                         including the Ad ID.

MAINTAIN YOUR ANONYMITY
                                                                                                                            used to retrieve personal information
                                                                                                                            about you.                                  • Other unique identifiers such as your
                                                                                                                                                                          MAC address can be collected by
                                                                                                                          • Your Ad ID can be accessed by apps            wifi hotspots but it is far more difficult
                                                                                                                            and websites on your phone. While             to associate this with personal
  What are my ‘unique identifiers’ and where are                                                                            it is not directly associated with your       information that can be used to
                                                                                                                            personal information (e.g. your name          identify you.
  they stored?
  • Your phone and your SIM card                       address) or your device (e.g. brand,
    contain unique identifiers about you,              model).
    which can be accessed by the police
    to identify you.
                                                      • Ad ID: Ad Identifiers are different                               How to limit the risk of being identified through
                                                        from IMSI and IMEI in that they can
  • The IMSI (International Mobile                      change over time. Ad IDs are used by                              your ‘unique identifiers’
    Subscriber Identity) is a unique                    advertisers in apps and websites to                               • If you are in a situation, such as a       these different SIM cards, it will be
    number associated with your SIM                     uniquely identify you online and offer                              protest, where you may want to ward        possible to tie the pre-paid SIM
    card. It doesn’t change, even if you                services such as targeted advertising.                              off the risk of an IMSI catcher tracking   to the identity registered under your
    put the SIM card into a different                   Ad IDs are not directly linked to                                   your phone, the most effective option      original SIM card. This is because of
    phone.                                              your personal information (e.g. your                                would be to refrain from connecting        the IMEI, the unique identifier of your
                                                        name) but can be associated with                                    to the cellular network. Having your       phone.
  • If you have a mobile phone                          other revealing data about you (e.g.                                phone in airplane mode or in a
    subscription, the IMSI will be                      geolocation, apps used, websites                                    faraday cage will make you invisible     • Renewing your Ad ID on a regular
    associated with personal information                visited etc). The Ad ID is generated by                             to cellular towers, and therefore to       basis is a good way to avoid all your
    such as your name and address.                      your phone’s operating system, and                                  IMSI catchers as well.                     phone activities being gathered
                                                        is usually visible in the settings of your                                                                     under the same ID. You might
  • The IMEI (International Mobile                      phone. It can be manually renewed.                                • If it’s important that you are             also want to disable personalised
    Equipment Identity) is a unique                                                                                         connected to the cellular network,         advertising if your mobile offers this
    number identifying your phone (the    • Other identifiers: There are a few                                              consider getting a separate prepaid        option as it will prevent apps and
    device). So if you change your phone,   other components in your phone with                                             SIM card, (because you provide very        websites from obtaining this identifier.
    you will have a new IMEI.               unique identifiers, such as the MAC                                             little information when you buy a pre-
                                            address for your wifi antenna, or the                                           paid SIM card). If you do so, note that • Using an Ad Blocker is also a good
  • IMSI and IMEI cannot be altered         BD_ADDR for your Bluetooth module.                                              if your phone connects to a police         way to prevent companies from
    otherwise, and they can be linked to                                                                                    IMSI catcher at different times with       tracking you online and collecting
    information about you (e.g. name,                                                                                                                                  your personal information.

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FACT SHEET ON YOUR
   DATA RIGHTS IN
   RELATION TO POLICE
   SURVEILLANCE AT
   PROTESTS

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FACT SHEET ON YOUR
DATA RIGHTS IN RELATION                                                                                                    Are there limits on what the police can do when it
TO POLICE SURVEILLANCE AT                                                                                                  comes to my data?
PROTESTS                                                                                                                  • The police can process personal
                                                                                                                            data at protests, but there are limits.
                                                                                                                                                                            interference it must be proportionate
                                                                                                                                                                            to the objectives of maintaining
                                                                                                                            They have to be exercising law                  public order and preventing or
                                                                                                                            enforcement functions and it has to             detecting crime.4 The use of facial
   This is based on UK data                                                                                                 be necessary for the administration             recognition technology is one
  protection legislation. The UK’s                                                                                          of justice (or any other function of a          example of data processing which
  General Data Protection Regulation                                                                                        public nature).1                                might violate human rights if the
  (UK GDPR) does not apply to                                                                                                                                               proportionality criteria have not been
  processing of personal data for law                                                                                     • When it comes to sensitive data, like           met.5
  enforcement purposes by relevant                                                                                          facial images which could be used to
  authorities.                                                                                                              identify an individual, the data can       • The police must conduct a Data
                                                                                                                            only be processed where it is strictly       Protection Impact Assessment
                                                                                                                            necessary for the administration of          before processing data in a way
                                                                                                                            justice.2                                    which presents a high risk of violating
                                                                                                                                                                         individual rights.6 Although there is
   What can happen to my personal data                                                                                    • There are also some forms of data            no legal obligation to publish the
                                                                                                                            processing that can amount to an             assessment, many police forces do so
   at a peaceful protest?                                                                                                   interference with the human rights           on their websites.
  • The most common personal data                     • There is no requirement that the                                    of individuals attending the protest,
                                                        protest be violent or at risk of                                    specifically the right to private life.3   • Police may only hold data for as long
    processed at a protest are notes                                                                                                                                     as it is necessary to do so.
    and photographs taken by police                     becoming violent before data                                        In order for the police to justify the
    officers, along with voice and video                processing can begin. Moreover, the
    recordings taken from body-worn                     police are not limited to processing
    cameras or drones.                                  data in relation to preventing
                                                        offences at the protest. For example,
  • Data processing can also happen                     they may process data for the
    with sophisticated surveillance tools               purpose of identifying individuals
    and techniques that you might                       who are subject to an arrest warrant
    not be aware of, including facial                   unrelated to the protest.
                                                                                                                                                                       1.
                                                                                                                                                                            Data Protection Act 1998, Schedule 2(5)
    recognition technology, mobile                                                                                                                                     2.
                                                                                                                                                                            Data Protection Act 2018, Section 35
    phone extraction, IMSI catchers                   • The police do not have to obtain your                                                                          3.
                                                                                                                                                                            Human Rights Act 1998, Schedule 1, Article 8 ECHR
    and hacking.                                        consent before processing your data.                                                                           4.
                                                                                                                                                                            R (Catt) v Commissioner of Police of the Metropolis [2015]
                                                                                                                                                                            1 AC 1065; [2015] UKSC 9 at [17]
                                                                                                                                                                       5.
                                                                                                                                                                            R (Bridges) v Chief Constable of South Wales Police [2020]
                                                                                                                                                                            1 WLR 672; [2019] EWHC 2341 (Admin)
                                                                                                                                                                       6.
                                                                                                                                                                            Data Protection Act 2018, Section 64

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Do the police have to
                                                                                                                                                                    What happens if the
   inform me that they
                                                                                                                                                                    personal data held by
   are processing my
                                                                                                                                                                    the police is inaccurate
   personal data?
   • Police must make information                                                                                                                                   • Individuals have a right to have
     about their data processing                                                                                                                                      their personal data rectified if it is
                                                                                                                                                                      inaccurate or incomplete.12 If the
     activities generally available
     to the public.7 This includes
                                                         Can I see the                                                                                                individuals make a request to have
     general information necessary for                   personal data that                                                                                           data about them corrected, then
                                                                                                                                                                      the police must fix the inaccuracy
     accessing your data and making
     a complaint about how the police                    was collected on me                                                                                          without undue delay although there
                                                                                                                                                                      is no fixed deadline.
     have processed your data. But                       by the police?
     they don’t need to tell you more
     than that.                                          • Individuals can request access to                              What happens if the                       I’m worried that the
                                                           the data about them held by the
                                                           police. The police must respond
                                                                                                                          police refuse to tell me                  police unlawfully
   • The police are not required to
     provide notification to you each                      by providing access to the data                                what data they have                       processed my data/
                                                           without undue delay and at
     time they process your data.
                                                           the latest within one month of
                                                                                                                          collected about me?                       unfairly restricted my
                                                           receiving the request.8                                        • The police may refuse to disclose
                                                                                                                            data they have retained about
                                                                                                                                                                    rights. What can I do?
                                                         • In addition to receiving the actual                              you where it is necessary               • You can make a complaint to
                                                           data, individuals are entitled                                   to protect investigations or              the police force which processed
                                                           to information about the data,                                   prosecutions, protect national            your data or to the Information
                                                           including the purposes for which                                 or public security and to protect         Commissioner’s Office.13 In every
                                                           it is held and who it has been                                   the rights and freedoms of other          decision made about your data
                                                           disclosed to.                                                    people.10                                 and communicated to you by the
                                                                                                                                                                      police, you should be provided the
                                                         • Individuals have the right to                                  • Ordinarily the police must provide        contact details of the ICO.
                                                           access data about them held                                      reasons for refusing to disclose
                                                           by the police, including the right                               the information, unless providing
                                                           to information about whether                                     reasons would undermine the
                                                           the police have processed data                                   purpose of refusing to provide the
                                                           about the individual.9                                           information.                            7.
                                                                                                                                                                          Data Protection Act 2018, Section 44
                                                                                                                                                                    8.
                                                                                                                                                                          Data Protection Act 2018, Section 45(3), Section 54
                                                                                                                          • The police may also refuse to           9.
                                                                                                                                                                          Data Protection Act 2018, Section 45
                                                                                                                            disclose data which has been            10.
                                                                                                                                                                          Data Protection Act 2018, Section 45(5)
                                                                                                                            deleted in accordance with the law.11         Data Protection Act 2018, Section 39(1)
                                                                                                                                                                    11.

                                                                                                                                                                    12.
                                                                                                                                                                          Data Protection Act 2018, Section 46
                                                                                                                                                                    13.
                                                                                                                                                                          Data Protection Act 2018, Section 165

FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021)                                                                          PRIVACYINTERNATIONAL.ORG
FACT SHEET ON
   PHOTOGRAPHING
   POLICE OFFICERS AT
   A PROTEST

FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021)   PRIVACYINTERNATIONAL.ORG
FACT SHEET ON
PHOTOGRAPHING POLICE
OFFICERS AT A PROTEST
   Photographing or filming incidents                                                                                                                    Are there limits to
  involving police and protestors is                      Can the police stop and search me for filming or
  an important way of holding the                                                                                                                        how images can be
  police to account for their actions.                    taking photographs?
  Members of the public and the
                                                                                                                                                         used?
  media do not need a permit to film                                                                                                                     • It is an offence to publish or
                                                          • The police have the discretion to ask                 camera, to ascertain whether your
  or photograph in public places and                                                                                                                       distribute a photograph of a
                                                            you to move back if they think you                    images or videos constitute evidence
  police have no power to stop them                                                                                                                        police officer, member of the
                                                            are interfering with their operations. If             that you are involved in terrorism.4
  filming or photographing incidents                                                                                                                       armed forces or security services,
  or police personnel.1                                     you refuse, you can be charged with                                                            if it is likely to be useful to a person
                                                            an offence if your actions amount to     • Police officers have the power to seize
                                                                                                       items found during a search under                   preparing any act of terrorism.6
                                                            obstructing an officer in the execution
                                                            of their duty.2                            the Terrorism Act, including a phone
                                                                                                                                                         • If you are publishing your photos
                                                                                                       or camera, if they reasonably suspect
                                                                                                                                                           from a protest online, including
                                                          • A police officer can stop and search you   that it constitutes evidence that an
                                                                                                                                                           on social media, bear in mind
                                                            if they have reasonable suspicion that     individual is involved in terrorism. But
                                                                                                                                                           that the police may be able
                                                            you are carrying illegal drugs, stolen     they have no right to delete any images
                                                                                                                                                           to use those photos to identify
                                                            property, a weapon, or a tool that could   or videos.
                                                                                                                                                           individuals present at a protest.
                                                            enable you to commit a crime.3 In the
                                                            absence of this reasonable suspicion,    • Police officers can also question an
                                                            an individual can refuse the search.       individual who appears to be taking
                                                                                                       photographs of someone who is or has
                                                          • But police officers also have the power    been a member of Her Majesty’s Forces
                                                            to stop and search anyone who they         or Intelligence Services as long as this is
                                                            reasonably suspect to be a terrorist.      being done for a lawful purpose and is
                                                            This includes the power to view digital    not being done in a way that prevents,
                                                            images or videos on your phone or          dissuades or inhibits the individual from          1.
                                                                                                                                                               https://www.met.police.uk/advice/advice-and-
                                                                                                       doing something which is not unlawful.5                  information/ph/photography-advice
                                                                                                                                                          2.
                                                                                                                                                               Section 89(2) of the Police Act 1996
                                                                                                                                                          3.
                                                                                                                                                               Section 1 of the Police and Criminal Evidence Act 1984
                                                                                                                                                          4.
                                                                                                                                                               Section 43 of the Terrorism Act 2000
                                                                                                                                                          5.
                                                                                                                                                               Section 58A of the Terrorism Act 200017. Section 89(2) of
                                                                                                                                                               the Police Act 1996
                                                                                                                                                          6.
                                                                                                                                                               Section 76 of the Counter-Terrorism Act 2008

FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021)                                                              PRIVACYINTERNATIONAL.ORG
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