14
Jun
2023
Watch
Investigation of the use of Pegasus and equivalent surveillance spyware - Investigation of the use of Pegasus and equivalent surveillance spyware (draft recommendation) (debate)
Mr President, Commissioner! When the PEGA Committee of Inquiry started its work 14 months ago, who would have thought to what extent politicians, journalists, lawyers as well as political activists will be intercepted and monitored in Member States of the European Union without legal foundations! The goal of using Pegasus and similar spying software in all these cases was to spy on, intimidate and silence critical actors from politics and civil society. Not all of these unacceptable processes, which pose an existential threat to democracy in the European Union, have been clarified at all. With our recommendations to the Commission and the Member States, we want to lay the groundwork for ending and preventing the unlawful use of espionage software in Europe. Such software may only be used to combat the most serious crimes and only by judicial order. The Commission must act promptly and present a legal act on the legal use, sale, purchase and transfer of spyware, including common minimum standards. Our former colleague Nikos Androulakis was spied on by the Greek government under the guise of national security. This case clearly demonstrates the need for a uniform definition of the concept of national security in order to exclude any arbitrary interpretation. Protection rules for particularly exposed professional groups such as journalists, transparency, legal assistance for target persons and mandatory documentation to trace the use of spyware are necessary. National security matters fall within the competence of the Member States - yes, that is true. However, it is for the European Union to safeguard and defend fundamental rights, the observance of which all Member States have undertaken under the Treaties. The implementation of our recommendations is an alternative step to restore the trust of European citizens in democracy and the rule of law.