EU parliament to set up spyware inquiry

The parliament of the European Union is to set up a committee of inquiry into the use and misuse of ‘Pegasus’-type spyware.

The scope of the enquiry is broad, taking as its starting point ‘revelations that several countries, including Member States, have used the Pegasus surveillance spyware against journalists, politicians, law enforcement officials, diplomats, lawyers, business people, civil society actors and other actors, and that such practices are extremely alarming and appear to confirm the dangers of the misuse of surveillance technology to undermine human rights and democracy.’

The enquiry will investigate ‘the scope of alleged contraventions, or maladministration in the implementation, of Union law, resulting from the use of the Pegasus and equivalent surveillance spyware,’ and ‘

• collect information on the extent to which Member States, including but not limited to Hungary and Poland, or third countries use intrusive surveillance in a way that violates the rights and freedoms enshrined in the Charter, as well as assess the level of risk this poses to the values enshrined in Article 2 TEU, such as democracy, the rule of law and respect for human rights;
• [examine] the existing legal framework in which Member States have acquired and used the Pegasus and equivalent surveillance spyware;
• [examine] whether Member States’ authorities have used the Pegasus and equivalent surveillance spyware for political, economic or other unjustified purposes to spy on journalists, politicians, law enforcement officials, diplomats, lawyers, business people, civil society actors or other actors, in violation of Union law and of the values enshrined in Article 2 TEU, or the rights enshrined in the Charter.’

According to the parliament, the inquiry will also consider ‘the alleged failure of Member States to act in respect of the involvement of entities in the EU in the development, dissemination, or financing of the Pegasus and equivalent surveillance spyware, including the supply chain in terms of technology and its exploitation, in so far as it is in breach of Union law…and including where surveillance software marketed for a certain purpose (e.g. fight against terrorism) is used in another context;’ and ‘the role of the government of Israel and of other third countries in supplying the Pegasus and equivalent surveillance spyware to Member States.’

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022D0480&from=EN