The discussion of eavesdropping as well as malicious use of software as a result of the catastrophic evolution of related technologies raises questions that require a cold-blooded, regulatory, but, above all, dynamic response, given that technology is developing much faster than the creation of an adequate legislative framework. .

The relationship between freedom, rights, and security is intractable, but it is not an unsolvable equation. The “bad guys” will not stop exploiting our societies by all means and means, and our democracies must continue to fight them, but by no means at the expense of our values, freedoms and rights.

But before we act, we must decide what we are talking about. The limits of regulatory action must be clear and, in any case, have an inseparable link with the rule of law, since it derives from the national and Union sphere of competence.

In matters of protecting national security, the public interest and the pursuit of – mostly organized – crime, everything is quite simple. It is the national legislation that enshrines the rights of the research subject with prior judicial authorization, respect for personal data and confidentiality of telecommunications through independent administrative bodies. Law enforcement and intelligence agencies can – and should – act for the good of the state, but institutional bastions guarantee the limits of any enterprise, and with it the hallmark of our society. The rules of this game are known, given and absolutely binding on everyone. If this structure needs institutional improvement to address implementation or abuse problems, any improvements should be re-implemented at the national level.

Another thing is when it comes to new technological capabilities of companies that develop and sell software that, on the one hand, can solve the most complex security issues, but at the same time can be used maliciously outside the law and bypassing freedoms. and rights, which form the basis of European society. Here, the regulatory clock must be synchronized with the speed of technological development, and indeed at the European level. How we dealt with historical data protection legislation, earlier with decisions of the EU Court of Justice. for the right to be forgotten and recently with a big deal on Unified Digital Management and network security.

We are not far from the widespread use of the Internet of Things, which will digitally connect all Europeans almost permanently. And we must protect our citizens from becoming the targets of surveillance through the Internet community and the connection of more and more applications inside our homes that give sophisticated attackers access to our privacy. Our lives, our markets and our choices are already influenced by algorithmic logic. Uncontrolled access and malicious use of software in the European market is probably the most important factor that will certainly influence this explosive scene.

Rules for the purchase and use of malware should be controlled and regulated at the European level in the context of cybersecurity with general, strict and clear restrictions.

In Europe, we have taken care to create a framework that will allow us to maintain freedom of speech on social media, but at the same time fight against dangerous disinformation.

Accordingly, we must act in the interests of these products so that they are not used in the wrong hands, the hands of individuals who attack their competitors, dark forces who want to destabilize democratic leaders, as well as authoritarian governments. And that is why the rules for their acquisition and use should be controlled and regulated at the European level in the context of cybersecurity.

With general, strict and clear restrictions. We just need to make the obvious: adapt the legal guarantees that apply to society today so that they apply to the technological means at our disposal, such as smart devices and cyberspace more broadly.

If we do not do this, commissions of inquiry and other ex post redress mechanisms will not be enough to protect our freedoms and our European way of life. Companies that trade in such goods, as well as those who are tempted to use them for malicious purposes, should know that here, too, Europe will do its duty.

* Mr. Margaritis Schinas is Vice-President of the European Commission.