The EU must be tougher on spyware abuse

15 June 2023

The European Parliament approved a package of recommendations for a tougher approach to tackle spyware abuse. The Pega Committee of Inquiry set up last year has identified the problematic use of Pegasus spying software within the EU and wants to implement reforms to prevent this in the future. “The use of spyware for political purposes violates our fundamental rights and endangers democracy in Europe. Our research has revealed a great deal. It is now up to the Member States to work on the adopted proposals, because national security remains the competence of the Member States, of course,” says Assita Kanko, who is a member of the Pega Committee.

Pegasus is spyware that can install itself in smartphones undetected to collect all kinds of data. Not only can documents and photos be stolen in this way, but the software can also determine the location of the smartphone and can use the microphone to eavesdrop on conversations.

Conditions

The European Parliament’s Committee of Inquiry report condemns the use of Pegasus and similar spyware for political influence. Some Member States used such software to intimidate the opposition, restrict the media and manipulate elections. The use of spyware is not prohibited as such, but it must be proportionate and meet certain conditions. These conditions have now been compiled in a report and approved by the European Parliament.

For example, spyware may only be used in exceptional cases, with a predetermined purpose and for a limited time. The people who are targeted must be informed, and there will be a standard definition of the term “national security” as a reason for surveillance.

Big Brother

Assita Kanko: “Spying for political purposes is a real scourge in some places, and we must fight it in every possible way. Do we want our data to be accessible to dubious regimes and accept that opponents and judges are obliged to do their work in a Big Brother environment? Aside from these kinds of invasions of our privacy, we must also think more broadly about the general problem today where anyone can spy on each other or take private conversations out of context and spread them anonymously.”

Free press

Kanko also points out the importance of a free and critical press, as journalists are apparently also targets of strategic spying and censorship: “Everyone has a camera to hand these days. A smartphone is brought out at the slightest incident. This phenomenon is sometimes called ‘Little Brother’. Add to that government spying, and it is impossible to engage in serious journalism. What is left if the capacity to be critical also subsides? The greatest danger to our democracy is the inability to know what is right and what is not.”

Sharp mind

Furthermore, Assita Kanko also points out the broader issue of spying and the fact that legislation cannot solve everything: “Big Brother and Little Brother are on the rise, with censorship and disinformation as sad consequences. Democracy and human rights are at stake. Legislation is not enough, unfortunately. Respect for other people’s privacy does not only come about through laws; above all, we need an open and sharp mind for that. That is our collective responsibility as a society.”

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