Examination Board of the European parliament to investigate the use of Pegasus and related spyware tracking software (PEGA) approved its final report and recommendations, ending a year-long investigation.

MEPs denounce the abuse of surveillance software aimed at intimidating the opposition, suppressing critical media and manipulating elections. They point out that the EU governance structures are unable to deal effectively with such attacks and say that reforms are needed.

Systemic problems in Poland and Hungary

MEPs condemn serious violations of EU law. in Poland and Hungary, where the respective governments have eliminated independent oversight mechanisms. In Hungary, MEPs argue that the use of spyware was part of the government’s calculated and strategic effort to destroy media freedom and free speech. In Poland, the use of Pegasus was part of a system to monitor opposition and government critics, designed to keep the ruling majority and the government in power.

To rectify the situation, MEPs call on Hungary and Poland to comply with the rulings of the European Court of Human Rights and restore the independence and oversight of the judiciary. They must also obtain special clearance from an independent judiciary before using spyware and subsequent judicial review, initiate credible investigations into cases of abuse, and ensure that citizens have access to appropriate remedies.

Concerns about using tracking software in Greece and Spain

MEPs say that for Greece, the use of surveillance software is not part of an overarching authoritarian strategy, but rather a tool used for political and economic gain. Although Greece has a fairly strong legal framework in principle, legislative amendments have weakened guarantees. This has led to surveillance software being used against journalists, politicians and businessmen and being exported to countries with a negative human rights record, the European Parliament said in a statement.

MEPs call on the government to urgently restore and strengthen institutional and legal guarantees, to cancel export licenses that do not comply with EU law. control exports and respect the independence of the Communications Privacy Authority (ADAE). They also note that Cyprus plays an important role as a spyware export hub and should revoke all export licenses it has issued that do not comply with EU law.

As for Spain, MEPs found that the country has an independent justice system with adequate safeguards, but some questions remain about the use of spyware. While noting that the government is already working on correcting the shortcomings, MEPs call on the authorities to ensure a full, fair and effective investigation, especially in relation to the 47 cases where it is not clear who allowed the development of spyware, and to ensure that those who are victims of the use of software security, have effective remedies available to them.

Stricter rules to prevent abuse

In order to immediately put an end to the illegal practice of surveillance software, MEPs want to allow the use of spyware only in Member States where complaints about the misuse of surveillance software have been thoroughly investigated, where national legislation is in line with the standards of the Venice Commission and the case law of the Court of Justice. EU Justice and the European Court of Human Rights, where Europol is involved in investigations and where export licenses that do not comply with export control regulations have been revoked. By December 2023, the Commission will have to evaluate the fulfillment of these conditions in a public report.

Deputies are asking to introduce EU rules. on the use of spyware by law enforcement agencies, which should be allowed only in exceptional cases, for a predetermined purpose and for a limited period of time. They argue that data that relates to an attorney-client relationship or belongs to politicians, doctors, or the media should be protected unless there is evidence of criminal activity. MEPs also propose mandatory notifications for targeted and non-targeted individuals whose data was made available as part of someone’s surveillance, independent oversight of the use of such software, effective remedies for targets, and admissibility standards for evidence collected through spyware.

MEPs are also calling for a common legal definition of national security as a reason for surveillance, which would prevent attempts to justify egregious violations.

EU Technology Laboratory

To help uncover cases of illegal surveillance, MEPs are proposing the creation of a European Technology Laboratory, an independent research institute empowered to investigate surveillance, provide legal and technology support, including device testing, and conduct forensic research. They also want new legislation to regulate the discovery, sharing, remediation, and exploitation of vulnerabilities.

Foreign policy

With regard to third countries and EU foreign policy instruments, MEPs would like to study in detail the export licenses for spyware, more stringent enforcement of EU rules. on export controls, a joint EU-US strategy on spyware, negotiations with Israel and other third countries to establish rules for the trade and export of spyware, and secure EU development assistance. does not support the purchase and use of spyware.

Following the vote, Commission Chairman Jeroen Lennards said “Our investigation has shown that spyware has been used to violate fundamental rights and threaten democracy in many EU member states, with Poland and Hungary being the most egregious cases.” The use of spyware must always be proportionate and approved by an independent judiciary, which unfortunately is not the case in some parts of Europe. More stringent controls at EU level are required. ensure that the use of spyware is the exception in serious crime investigations, not the rule.”

For her part, the speaker Sophie Id’Veld noted: “Today our investigative committee is completing its work. This does not mean that the work of the Parliament is over. No victims of surveillance software abuse have been prosecuted. In fact, no government has been held accountable. The Member States and the European Commission should not be complacent because I intend to press this case until justice is done.”

MEPs approved the report detailing the results of the investigation with 30 votes in favour, 3 votes against and 4 abstentions, and a text outlining recommendations for the future by 30 votes to 5 and 2 abstentions. The final text is expected to be voted on in the plenary session of Parliament starting on 12 June.

SYRIZA: “The PEGA report is a problem for Mitsotakis. Does he strive to comply with the recommendations?

In a statement, SYRIZA-PS characterizes the report of the PEGA committee of the European Parliament as “a bottleneck for Mr. Mitsotakis” and adds: “The report concludes that we all knew. It is EYP – Predator – Mitsotakis that is the center of illegal monitoring and exploitation of malicious software as an instrument of political power and control in the hands of the country’s top political leadership. In short, a regime that has not hesitated to break all norms of the law in order to achieve its nefarious goals.”

The report, SYRIZA continues, concludes with 12 recommendations from Greece, “among them to repeal the law making the EMP subordinate to the prime minister, repeal the cover-up laws passed by the Mitsotakis government during these years, respect independent authorities such as the Anti-Corruption Commissions, invite Europol to conduct an investigation in Greece, to refrain from political interference in the judiciary.”

“Does Mr. Mitsotakis commit to implement these recommendations in connection with the May 21 elections?” Alexis Tsipras has already announced these changes. Can Mr. Mitsotakis say the same? Before making a decision, the Greek people must know whether they will again have a prime minister who insists on trampling on democracy and writing on their old shoes about the country’s European perspective, or a prime minister who respects the European rule of law. What is certain is that the day before the ND fiesta at Zappeion for Europe, Mr. Mitsotakis managed to appear next to Orban. Congratulations to pensioners! On May 21, the Greek people, democratic citizens, those who do not tolerate this decline, will say: “Bye!” Greece deserves to become a normal European country. And it will happen with the victory of SYRIZA – the Progressive Alliance on May 21st.”

Source: RES-IPE