Commission urged to rein in surveillance spyware

The European Commission should establish a framework to curb abuse of spyware software and ban private companies from creating and selling it, civil society organisations urged the executive in a joint call issued today (3 September).

The statement by NGO the Center for Democracy and Technology (CDT) with civil society and journalists’ organisations calls for a new framework to enhance transparency surrounding acquisition of spyware and to beef up enforcement of existing legislation protecting citizens' privacy.

The call comes 16 months after a European Parliament committee investigating the use of Pegasus spyware revealed that several EU countries had purchased surveillance software, with some using it to illegally monitor journalists, activists, and political opponents. Cyprus, Greece, Hungary, Poland and Spain were among countries implicated. Following these findings, the European Parliament adopted a non-binding resolution calling for the implementation of clear rules “to prevent abuse”. 

“We deeply regret that the EU institutions have failed to provide effective solutions to the numerous reports of maladministration and abuse of power by Member States,” wrote CDT Europe. 

In March 2024, the Media Freedom Act was adopted, introducing new rules to protect journalists and safeguard the independence of their reporting. However, during the negotiations, EU member states struggled with the issue of spyware use against journalists, ultimately compromising by allowing such tools to be deployed only as a “last resort” where there is a legal justification. 

The joint statement contended that these measures are insufficient, arguing that journalists in the EU still lack adequate protection against surveillance tools.