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as Mr Justice Green, in his carefully-reasoned judgment, found that HMRC had committed a serious ip camera error in not providing information about whether it was investigating British company Gamma International for illegal exporting spyware to repressive regimes. Describing the actions of HMRC as “irrational” and “simply inconsistent with the legislation”, the judgment quashed HRMC’s decision and ordered it to again consider Privacy International’s request. 

The judgment provides clear authority that the public is entitled to know what HMRC is doing to investigate and if appropriate prosecute companies that are sending dangerous surveillance technologies to countries where it is likely to be used for human rights abuses. 

It also establishes the important principle that NGOs and pressure groups such as Privacy International, just like the press, “act as guardians of the public conscience” and play a significant role in ensuring transparency and enforcing legal rights in court. As such, Mr Justice Green remarked, “the rationale which justifies the provision of information surveillance camera security systems by HMRC to the press applies in large measure to disclosure of information to pressure groups and other NGOs”. 

The Court considered the evidence of two activists who contend that they had been subjected to surveillance by governments of countries to which FinFisher had allegedly been exported. Dr Ala’a Shehabi, a Britsh-born citizen and pro-democracy activist in Bahrain, and Mr Tadesse Kersmo, an Ethiopian political refugee living in the UK, both spoke of their distress at HMRC’s refusal to disclose information about whether they were considering instituting criminal proceedings against Gamma. 

Privacy International’s Deputy Director, Eric King, said 

For two years we have been asking Government to come clean on what they are doing when it comes to the illegal export of FinFisher and to stand up for victims targeted by surveillance technology made on British soil. Today’s ruling is an important victory, and a step in the right direction to holding Gamma International, and the rest of this secretive industry, to account.” 

Dr. Ala'a Shehabi said: 

Now that the High Court has rightfully said that HMRC’s actions were unlawful, I hope that Government takes action to bring justice to all of the victims whose rights have been violated because of this intrusive spyware. More broadly it should take responsibility for all dual-use exports that are knowingly sent to repressive governments that will likely use them for criminal activity including human rights violations such as Bahrain." 

Tadesse Kersmo said: 

network camera 16ch NVR Recorder After I found out that Ethiopians in Diaspora were spied on through my computer, I wanted to know what UK Government was doing to protect my rights and prevent the spread of technologies like FinFisher around the world. I believe this ruling is critical to finally bringing accountability to the likes of Gamma who sell their technologies to repressive regimes like the Ethiopian government.”