(BRUSSELS) — As the new European Union institutions prepare to take office following the EU elections, the growing threat of spyware has become a pressing concern worldwide that requires immediate attention from policy-makers. Recognizing the urgent need for action, the Centre for Democracy & Technology Europe (CDT Europe) has led the creation of a civil society coordination group dedicated to addressing the misuse of spyware within the EU. The coordination group comprises a diverse array of civil society organisations and journalists’ associations united in their commitment to safeguarding fundamental rights, transparency, and accountability in relation to spyware use in the EU. To this end, the group has adopted a joint statement urging the incoming EU institutions and Member States to prioritise action against spyware in the new legislative term.
The Escalating Threat of Spyware
Spyware poses a severe risk to the very foundations of EU democratic values. By undermining the independence of lawmakers, restricting public debate, and silencing journalists and activists, spyware threatens to erode the pillars of a healthy civic space. The European Data Protection Supervisor has expressed doubts about the legality of modern spyware tools under EU law given the severity of the interference with the fundamental rights to privacy and data protection. In 2023, the European Parliament’s Committee of Inquiry into the use of Pegasus and equivalent surveillance spyware (PEGA Committee) documented numerous instances of abuse and maladministration in the application of EU law when it comes to the use of spyware. The Committee concluded that some Member States have used spyware to unlawfully monitor journalists, human rights defenders, and politicians within the EU. Despite these revelations, the EU institutions have so far failed to deliver effective solutions and to adopt a comprehensive approach addressing the widespread misuse of spyware.
Civil Society Unites For Action
In response to this alarming lack of action, CDT Europe has spearheaded the formation of a civil society coordination group advocating for transparency, accountability and respect for fundamental rights in relation to spyware technologies. The members of this coalition have adopted a joint statement outlining concrete actions that the new EU institutions must take to protect fundamental rights, prevent further violations, and ensure effective redress and adequate accountability of those responsible for violating the fundamental rights of the victims. The statement reflects the coordination group’s collective resolve to continue calling for solutions, to hold policymakers accountable and demand urgent reforms.
Among others, the coalition makes the following key recommendations:
- The European Commission must propose an EU-wide legal framework that addresses the challenges posed by spyware. This should include a ban on the production, export, sale, import, and use of spyware that disproportionately interferes with fundamental rights and for which strict safeguards would never be sufficient to mitigate the harms caused to the rights of the victims. Until such a legal framework is in place, a moratorium should be adopted and all existing legal instruments such as the ePrivacy and Law enforcement Directives should be adequately implemented and enforced.
- The EU’s export controls must be strengthened with regard to spyware technologies. A comprehensive review and amendment of the Dual-Use Regulation should be undertaken to explicitly include spyware under the definition of cyber-surveillance tools. In addition, stricter obligations on companies should be introduced to ensure that exported technologies are not misused for repression or to infringe on fundamental rights. Additionally, the coalition urges the EU to enforce robust due diligence requirements on companies, making them accountable for ensuring their products do not contribute to human rights abuses. Member States must immediately suspend the export of surveillance technologies that were authorised in violation of international human rights standards.
- Member States must refrain from introducing broad national security exceptions into EU legislation. The misuse of national security exemptions can lead to illegal surveillance, lack of transparency, and weakened protection of individual rights, further exacerbating the threat posed by spyware. By limiting these exceptions, the EU can ensure that its legal frameworks and rule of law safeguards remain robust and that the rights of its citizens are adequately protected.
A Call to the New EU Institutions
This joint statement underscores civil society’s unwavering demand for solutions through policy and legal reforms. As the new legislative term begins, the coordination group urges the incoming EU institutions to address the failures of the previous term, during which no meaningful action was taken to tackle fundamental rights violations or to hold Member States accountable for maladministration and abuses. Civil society, as representatives of the public interest, expects the Commission, Council, and Parliament to take bold steps to uphold EU values and the rule of law as well as to protect the rights of individuals across the EU. The coalition demands that the institutions include action against spyware in the list of priorities for the new legislative term.
Going Forward
The creation of this civil society coordination group marks a significant step forward in the fight against spyware abuse in the EU. As the coalition continues to advocate for change, it is clear that the collective voice of civil society will play a crucial role in shaping the future of EU surveillance policies. The time for action is now, and the new EU institutions must seize this opportunity to restore public trust and demonstrate their commitment to the fundamental rights and values that underpin the Union.
Read the full statement here.
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