Press Release: Brussels rocked by major spyware scandal: Urgent call for ban

Now, when push has come to shove, policymakers at the European Union (EU) must act to ban spyware in Europe. Yesterday, the media reported a major attack on EU democracy with members of the European Parliament Defense Committee being the target of phone hacking.

By EDRi · February 22, 2024

Now, when push has come to shove, policymakers at the European Union (EU) must act to ban spyware in Europe. Yesterday, the media reported a major attack on EU democracy with members of the European Parliament Defense Committee being the target of phone hacking. Intrusions of this kind pose a threat to democracy by interfering with electoral and decision-making processes and undermining the integrity of the public debate.

But such intrusions into privacy are nothing new. Journalists, human rights defenders and activists have been targeted for years by states with surveillance malware like Pegasus. Our democracies hinge on EU policymakers’ responsibility to create a protective EU-wide framework against spyware. With the 2024 elections approaching, will the EU politicians make the obvious choice of putting the safety of people and the integrity of our democracy first by banning spyware?

”The reality is that we all suffer from the threats that spyware creates, experiencing insecurity and fear but also witnessing a gradual erosion of the civic spaces around us. The most recent scandal underscores the urgent need for a comprehensive EU-wide ban on spyware to safeguard individual privacy and civil liberties.”

- Itxaso Dominguez de Olazabal, Policy Advisor, EDRi

Itxaso Domínguez de Olazábal

Perilous path: The thriving spyware industry puts EU democracy in jeopardy!

Spyware and other hacking techniques are critical threats to our privacy, security and democracy. They serve states’ and malicious actors’ oppressive agendas against journalists, political activists and human rights defenders, creating a chilling effect on their freedom of expression and their participation in public spaces. The attack on the European Parliament Defense Committee shows that no one is immune to surveillance, even the EU lawmakers.

In Hungary, for example, forensic analysis done by Amnesty International showed that Victor Orban’s government infected with the Pegasus spyware the phones of two journalists part of the investigative outlet Direkt36, including Szabolcs Panyi, a well-known reporter with a wide range of sources in diplomatic and national security circles.

These scandals highlight how the surveillance tech industry, oftentimes tested on vulnerable communities like Palestinians, facilitates control of states over people. The industry has boosted governments’ spying capabilities to uncontrollable levels. Despite the outcry following revelations like Pegasus, EU governments have been dragging their feet to outlaw the surveillance technology market, which still today remains largely unregulated.

“The EU is quick to point fingers at foreign powers when it comes time to assign blame for spyware abuses, essentially minimising their own responsibility for the harms done. However, its failure to reign in governments’ hacking practices and its permissiveness towards an out-of-control insecurity industry continues to inflict severe harm on vulnerable communities both in Europe and worldwide. We expect the next EU term to finally take adequate action.”

- Chloé Berthélémy, Senior Policy Advisor, EDRi

European elections 2024: Policymakers can champion democracy through a spyware ban

Current and incoming EU policymakers must uphold their responsibility to the people and the bloc’s fundamental rights by enacting an EU-wide ban on spyware to safeguard safety, security and a thriving European civil society.

The EU’s actions in regulating state hacking practices can influence global debates and political developments, reiterating Europe’s leadership in privacy and data protection.

Building a robust legal framework that aligns with fundamental rights standards and international legal instruments is paramount. The EU must establish strict prohibitions on methods and practices that undermine these principles, setting a benchmark for privacy protection worldwide.