Privacy International has filed an application for judicial review as a last resort

Apr 16, 2013 14:32 GMT  ·  By

The UK’s HM Revenue & Customs (HMRC) is accused by civil rights group Privacy International of unlawfully refusing to release information regarding its investigation into the exporting of FinFisher, a controversial surveillance software made by British company Gamma International.

In November 2012, the organization provided HMRC with 186 pages of evidence regarding Gamma’s breach of the export control regime. Since it received no response, on December 21, the privacy group sent a second notice on behalf of Dr. Ala'a Shehabi, a British-born Bahraini activist and a victim of Gamma’s surveillance solutions.

On January 9, 2013, HMRC finally responded, but said it could not provide any details regarding its investigations.

Now, Privacy International has filed an application for judicial review of HMRC’s refusal to provide information regarding its investigation into Gamma’s export practices. The organization says it has instituted judicial review proceedings as a last resort.

FinFisher is believed to be utilized by governments from 25 countries – including Turkmenistan, Egypt and Bahrain – to spy on citizens. It can be installed on both computers and mobile phones and utilized to intercept communications.

In most cases, the surveillance software is distributed as application updates or as apparently innocent email attachments.

“In the wrong hands, today’s surveillance technologies can have devastating effects, and the public, especially victims targeted by this surveillance, have a right to know what the UK government is doing about it,” Eric King, head of research at Privacy International, noted.

“HMRC's refusal to provide information to the pro-democracy activists who have been targeted is shameful. In order for the public to have full confidence and faith that these issues will be addressed, we're asking the court to force HM Revenue & Customs to come clean.”