"Too many journalists and politicians spied on by governments"

“Too many journalists and politicians spied on by governments”

You can’t spy indiscriminately in the name of national security. This is not a truism, but the content of a European Commission document awaiting publication. According to Brussels, national security has been used as an excuse by some EU governments, who have used spyware to collect information from phones and other devices owned by lawyers, journalists and opposition politicians. A use contrary to the limitations imposed by the European Union. The matter could be among the first proposals of Ursula von der Leyen’s second mandate.

Invasive Spyware

Governments that decide to use invasive surveillance software, such as NSO Group’s Pegasus, “cannot exercise their responsibility in a way that undermines the effectiveness of EU law” on data protection and privacy, the draft communication, previewed by the newspaper, would say. Politic. The document was written in response to a report by the European Parliament committee on spyware. The dossier highlights that at least 65 Catalan separatist politicians in Spain have been targeted by spy systems. Another scandal erupted in Greece, when the government admitted to having intercepted the phone of an opposition leader. Other cases occurred in Poland and Hungary, with spyware used against activists and journalists.

The “spy” app found on MPs’ cell phones

Once finalized, the document would be the first time the EU executive has taken a public position on the issue of spyware. Since June, the publication date has been postponed, probably to avoid hindering the European elections and the composition of the new legislature. However, Brussels’ decision does not constitute a total ban on the use of this software. “When subject to appropriate conditions and safeguards, the use of intrusive surveillance software by national security authorities or police forces can serve to protect important objectives of general public interest in a democratic society,” the document states.

Threat to democracy

What worries Brussels is its “misuse”, which “can undermine or even destroy the proper functioning of democratic processes under the pretext of their defense”. Care must be taken to ensure that surveillance software is not too intrusive, interfering with fundamental rights. “It must therefore be rigorously controlled”, concludes the text. The draft, reveals Politiccontains several “minimum guarantees and conditions” that should be implemented “regardless of the purpose of the surveillance.” These include ensuring that a court or independent body has authorized the surveillance in advance and excluding the use of spyware on journalists. Suggestions include informing individuals that they were under surveillance “once the threat that triggered its use has passed,” the text says.

Restrictions for serious crimes

Other limitations concern the cases in which law enforcement should use this software, that is, serious crimes such as sexual abuse of minors, murder, money laundering, drug trafficking and corruption. According to Brussels, it is necessary to prevent governments from “distorting” the concept of serious crime, departing from EU law. The United States government has already clearly exposed itself on this issue, having drawn up a blacklist of some spyware producers, issuing executive orders against them that prevent the use of these systems. The executive, once again led by Ursula von der Leyen after the recent confirmation by the European Parliament, has not yet responded to the request of the European Parliament to draft a legislative proposal or to reprimand countries for the improper use of this powerful technology.