On May 15, CDT Europe convened an online panel event titled "Exploring Ways Forward to Combat Spyware in the EU." The high-level panel assembled speakers from various institutions, academia, and policy makers to deliberate on the malicious practice of spyware being used by EU states against their own citizens. The discussion particularly focused on the aftermath of the Pegasus spyware scandal and its global impact, as well as the response of the EU institutions. Speakers proposed strategies to curtail the use of spyware in the EU, thereby ensuring respect for fundamental rights.
The event featured Sophie in ‘t Veld, Member of the European Parliament; David Kaye from UC Irvine School of Law; Anna Buchta, Head of Unit “Policy & Consultation” at European Data Protection Supervisor; and Iverna Mcgowan, Tech and Human Rights Advisor at Office of the United Nations High Commissioner for Human Rights. Asha Allen, Acting Director at the Center for Democracy & Technology Europe, hosted and moderated the event.
The speakers expressed severe criticism towards EU institutions’ response to spyware use and its impact on fundamental rights. Sophie in’t Veld condemned EU Government’s lack of action and minimal political will regarding this issue. Iverna McGowan advocated for a global moratorium on spyware, stating that this technology is incompatible with human rights. Anna Buchta questioned the legality of spyware tools and emphasized that governments cannot use national security as an excuse to bypass their legal human rights obligations. David Kaye cast doubt on whether national security or public order could ever justify a tool causing such extraordinary harm.
The discussion then shifted towards practical solutions to tackle this critical problem. The value of multi-stakeholder initiatives like the Pall Mall Process was highlighted, emphasizing that it needs to be more effective and binding on all actors involved in developing, trading, and deploying spyware tools. The vital role civil society plays in shaping these processes was underscored, with a call for states to be more open to their participation.
These key points were further discussed in a civil society roundtable discussion moderated by Silvia Lorenzo Perez, Programme Director on Security, Surveillance and Human Rights. The discussion aimed to keep the need for solutions high on the agenda of EU institutions ahead of the next EU mandate to ensure accountability, transparency, and respect for fundamental rights in the use of spyware.
