On Monday 16 June, MEPs deplored the Commission’s failure to act on the problem of spyware and the lack of follow-up to the recommendations adopted in 2023 by the European Parliament’s special PEGA committee (see EUROPE 13202/14).
“After exploratory visits and having heard 200 people, we saw that there were abuses on the part of certain States, that there was spying on activists, journalists and political opponents”, stressed Jeroen Lenaers (EPP, Dutch), the Committee’s Chair.
“Our recommendations were very clear: put in place clear and effective democratic control mechanisms by providing citizens with channels of appeal” with independent control mechanisms. “But what we need is action. And therein lies the problem with the Commission, which I find disappointing”; the “previous Commission did not do its job”.
For the German member of the S&D Group, Hannes Heide, “once again, the abuses of spyware are shaking our democracies, this time in Italy with Paragon. These are no longer isolated cases. We can see that there is a structural problem in the European Union and, once again, the European Commission is slow to act”.
“National security can no longer be used as a justification for suspending the principles of the Rule of law. Illegal surveillance of journalists or their opponents or democracies is undermining our democracy. We need minimum standards for the use of spyware”.
“My full support goes to the citizens, journalists, activists and elected representatives who have been the victims of illegal spying in Italy, Greece, Hungary, Poland, Spain and elsewhere, and who have still not received a response”, said Saskia Bricmont (Greens/EFA, Belgian).
“What progress has been made on the communication promised over a year ago?”, she asked, like the plans to regulate the purchase, sale and use of these surveillance technologies.
The Vice-President of the Commission, Henna Virkkunen, reiterated that “the Commission condemns any illegal access to interpersonal communications and data stored on personal devices” and listed the various tools that already exist.
Among other things, she cited the European Media Freedom Act, which “includes safeguards to protect journalistic sources and personal communications against the use of spyware, which will come into force in August and includes a general ban on surveillance software”.
“In addition, we continue to report, where appropriate, on the issue of spyware in the annual report on the Rule of law, from the point of view of the separation of powers and the protection of journalists”.
There is also the ‘Cyber Resilience Act’ which sets standards for hardware and software on the European market, imposing obligations on producers to reduce vulnerability.
Investigations into the misuse of spyware fall within the remit of national authorities, not the Commission, the Vice-President stressed as well.
“But it is not possible for Member States to invoke national security in a general way. Member States must be able to demonstrate that national security would be compromised in specific circumstances”. (Original version in French by Solenn Paulic)