On Monday (May 8), lawmakers passed a non-binding report and recommendations on the use of Pegasus, Predator and other spyware in EUcalling for an effective ban on the technology unless certain conditions are met by the end of the year.
The documents were prepared by a special committee set up last year to look into Pegasus and similar surveillance software after it became known in 2021 that governments around the world were systematically using NSO-supplied spyware.
The text, based on the results of the 15-month investigation, also includes country-specific recommendations. The report was adopted by 30 votes “for” with three “against”; the recommendations received 30 votes “for” with five “against”. These two documents will be submitted to the vote of the entire parliament at the next plenary session.
The report is “the most comprehensive overview of the illegal use and trade of spyware in and through the EU,” spokeswoman Sophie in’t Weld of the liberal center party Renew Europe told EURACTIV, adding that it “paints a highly disturbing picture.”
In a new set of recommendations, Pegasus’ parliamentary spyware committee raised concerns about the EU’s “fundamental inadequacy” in dealing with domestic attacks on democracy and called on the council and commission to take action to curb the sale and use of surveillance technology.
“De facto moratorium”
The revised report contains a key change in the position of the draft report regarding the regulation of spyware. The final version of the report states that in order to continue using spyware, EU countries must meet certain criteria by December 31, 2023, which Saskia Brikmont, the Greens legislator, called a “virtual moratorium”.
The conditions they must comply with include a full investigation of alleged abuses, the provision of an adequate management system in accordance with European law, a clear obligation to involve Europol in the investigation of illegal use, and the revocation of export licenses that do not comply with EU dual-use regulation.
According to the resolution, the European Commission must assess whether these conditions have been met and publish its findings in a separate report by 30 November. The EU executive branch has so far refused to intervene in this issue, calling it a matter of member states.
The report also calls for action at multiple levels on a range of topics, including the rights of non-targeted individuals whose data is collected during surveillance, the inclusion of special markers to identify technologies used, and the creation of a commission working group to ensure the integrity of the 2024 European elections.
Speaking ahead of the vote, the MEP in in’t Veld stressed the need to comply with existing laws that can help combat spyware abuse, such as the Electronic Privacy Directive, the Dual Use Regulation and the General Data Protection Regulation (GDPR).
“The problem is that if it is not respected, and if member states consider that national security means a zone of lawlessness where EU laws do not apply and where the EU and, in fact, no one has access, then what is the point of having legislation? ” she asked.
The European Commission has decided to launch an investigation into the surveillance of EU journalists as the bloc is shocked by Project Pegasus revelations over the weekend that governments used military spyware to intercept messages.
The report was prepared by MEP Sophie in’t-Veld, Rapporteur of a PEGA committee set up in 2022 with the specific task of investigating the use of surveillance technologies in Europe.
Country Recommendations
The report also makes specific recommendations for the five countries where spyware abuse has been identified, covering, according to in’t-Veld, the two main sets of problems identified by the committee: the misuse of spyware for political purposes and its export from the EU to non-democratic countries.
In the case of Greece, where the spyware scandal has had serious and lasting repercussions, the text calls for Athens to provide the judiciary with the support it needs to investigate spyware abuse and for the government to refrain from interfering with the work of the chief prosecutor.
If the draft report called for the repeal of the 2019 amendment that put the Greek intelligence services (EYP) under the direct control of Prime Minister Kyriakos Mitsotakis, the final report takes it one step further by calling for constitutional guarantees and parliamentary oversight of their activities.
Full version: euractiv.com
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