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. 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 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. FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021) PRIVACYINTERNATIONAL.ORG
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. 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 PROTECT YOUR DEVICES AGAINST SURVEILLANCE 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 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. FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021) PRIVACYINTERNATIONAL.ORG
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). 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 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. FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021) PRIVACYINTERNATIONAL.ORG
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). 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 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. 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 YOUR DATA RIGHTS IN RELATION TO POLICE SURVEILLANCE AT PROTESTS 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 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 FREE TO PROTEST: THE PROTESTOR’S GUIDE TO POLICE SURVEILLANCE AND HOW TO AVOID IT (UK Edition) (Last updated June 2021) PRIVACYINTERNATIONAL.ORG
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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