As the new European Union institutions prepare to take office following the EU elections, the growing threat of spyware has become a pressing concern that requires immediate attention from policymakers. Recognizing this urgent need for action, the Centre for Democracy & Technology Europe (CDT Europe) has led the creation of a civil society coordination group dedicated to addressing the misuse of spyware within the EU. The group comprises various civil society organizations and journalists’ associations committed to safeguarding fundamental rights, transparency, and accountability regarding spyware use in the EU. They have adopted a joint statement urging incoming EU institutions and Member States to prioritize action against spyware in the new legislative term.
Spyware poses a severe risk to EU democratic values by undermining lawmakers' independence, restricting public debate, and silencing journalists and activists. The European Data Protection Supervisor has expressed doubts about modern spyware tools' legality under EU law due to their interference with privacy and data protection rights. In 2023, the European Parliament’s Committee of Inquiry into using Pegasus and equivalent surveillance spyware (PEGA Committee) documented numerous instances of abuse in applying EU law concerning spyware. The Committee concluded that some Member States had used spyware unlawfully to monitor journalists, human rights defenders, and politicians within the EU. Despite these revelations, effective solutions have yet to be delivered by EU institutions.
In response to this lack of action, CDT Europe has spearheaded forming a civil society coordination group advocating for transparency, accountability, and respect for fundamental rights related to spyware technologies. The coalition's joint statement outlines concrete actions for new EU institutions to protect fundamental rights, prevent further violations, ensure effective redress, and hold those responsible accountable.
The coalition recommends:
1. Proposing an EU-wide legal framework addressing challenges posed by spyware. This should include banning producing, exporting, selling, importing, and using disproportionately interfering spywares.
2. Strengthening export controls regarding spyware technologies through comprehensive reviews of regulations.
3. Refraining from introducing broad national security exceptions into legislation.
The joint statement underscores civil society’s demand for solutions through policy reforms as the new legislative term begins. Civil society expects bold steps from incoming institutions to uphold EU values and protect individual rights across the Union.
The formation of this civil society coordination group marks a significant step forward in combating spyware abuse in the EU.
Read the full statement here.
