EU Commission: National security is not a blank check for spyware
Brussels: EU governments that want to use spying software such as Pegasus must not undermine fundamental rights such as the protection of privacy.
(Image: Stokkete/Shutterstock.com)
In May 2023, the EU Parliament condemned "in the strongest terms the use of spyware by Member State governments" to "monitor, blackmail, intimidate, manipulate and discredit critics and civil society" in an investigative report. Following scandals involving the state Trojans Pegasus, Predator, FinFisher & Co. in Hungary, Poland and Spain, for example, MEPs called for a U-turn and clear conditions. EU Justice Commissioner Didier Reynders promised to present a legislative initiative. Despite this, nothing was done for more than a year. Now the Commission at least wants to respond to Parliament's demands with a communication.
The Brussels government institution plans to urge the member states not to abuse national security as a blank check for the use of spyware. This was reported by Politico with reference to a draft response to the parliamentary report, which is to be published shortly after long delays. Governments that want to use surveillance software such as NSO Group's Pegasus cannot "exercise their responsibilities in a way that undermines the effectiveness of EU law" in terms of data protection and privacy.
Containment of spyware
The Commission does not want to ban spyware completely. "Under appropriate conditions and safeguards", their use "by national security or law enforcement authorities could serve to protect important objectives of general public interest in a democratic society", according to Politico in the document. However, the improper use of such programs is capable of "undermining or even destroying the proper functioning of democratic processes" - "under the guise of defending them". Strict control is therefore necessary. The mere fact that national security could be at stake does not override EU law. The frequently used argument also does not permit unilateral action by member states.
According to the report, the Commission brings "minimum safeguards and conditions" into play, which should be implemented "regardless of the purpose of the surveillance". For example, approval must be obtained in advance from a court or an independent body. Journalists should not become targets of spyware. The EU member states fought against such requirements in the dispute over the media freedom law, which therefore only contains a compromise formula.
According to the draft, there should also be a notification obligation as soon as the stated threat has passed. The use of spyware must be limited to the fight against serious crimes such as child sexual abuse, murder, money laundering, drug trafficking and corruption, it says. In this country, the police are also allowed to deploy state Trojans against everyday crime. US President Joe Biden issued an executive order in 2023 to restrict the operational use of Pegasus & Co. by many US authorities. The Commission apparently does not want to go that far.
(emw)
