MEPs are due to vote in favour of the final report of an inquiry committee on Pegasus and similar spyware (PEGA), calling for the EU regulation that stops the abuse of spyware by member states.
They say that spying on political opponents, journalists or lawyers is illegal and against fundamental EU values.
When security forces use spyware, it must be within clearly defined borders and, according to the EPP group, the “abuses of spyware in Poland and Hungary have been flagrant violations of the rule of law.”
The EPP says these are the “most important” conclusions of 12 months of parliamentary investigations into the use of surveillance spyware by EU Member States.
Parliament’s Committee of Inquiry will approve its final report and recommendations this week.
The EPP also says it “warns that the Polish PiS (ECR)-led government might again spy on opposition or journalists ahead of the general elections this autumn.”
Juan Ignacio Zoido MEP, EPP Group Spokesman in the Inquiry Committee, said, “The Inquiry Committee shed light on cases of illegal use of spyware against judges, lawyers, journalists and even the democratic opposition in Poland and Hungary. This abuse of spyware constitutes a flagrant violation of the rule of law, of EU values and the most basic democratic principles of free and fair elections. After what we observed during our mission to Warsaw, we are deeply concerned about the possibility that the PiS government might be using spyware to interfere again in the upcoming Polish parliamentary elections”.
“The EPP Group stresses the need to support those who have been illegally targeted with spyware. This should include access to effective legal remedy based on standards defined by the European Court of Human Rights. We also need a new European entity that provides technical and legal support to persons illegally targeted”, added Vladimír Bilčík MEP, who negotiated the final Report on behalf of the EPP.
“At the same time, Member States must possess effective tools to protect national security and fight serious crime. The legal use of spyware should, therefore, have defined conditions and must be in line with the law and standards set out by the Court of Justice of the European Union and the European Court of Human Rights case law. Spyware must not be used as a political weapon against democratic institutions, politicians or journalists”, emphasised Bilčík.
“Our security forces need advanced technological tools in order to face threats such as terrorism, organised crime or attacks against the constitutional order. However, we need to make sure that these spyware tools are used while respecting fundamental rights and in accordance with the principles of the rule of law”, echoed Zoido.
Further comment comes from the S&D group who said that “the situation is extremely serious in Greece too.”
A statement reads, “The draft report concludes that although in Greece the abuse of spyware does not seem to be part of an integral authoritarian strategy, as for example in Poland, it is still used as a tool for political and financial gains. This erodes democracy and the rule of law, and gives ample room for corruption.”
Hannes Heide, S&D MEP and spokesperson in the PEGA committee,said, “The spying on and intimidation of politicians, journalists, lawyers and civil society is unacceptable. That is why, in our report, we call for a new EU regulation. We must shield European citizens from the abusive use of spyware and make sure that such technologies are only used as a last resort in the most serious crimes, with very strict safeguards.”
“As S&Ds, we also secured that the report calls for a clear definition of national security. Now, all too often, member states invocate national security as a pretext to justify the deployment and use of spyware. This should be the exception rather than the rule.”
