Press Release: Civil Society Coalition Demands Urgent EU Action Against Spyware Threats

(BRUSSELS) — Today, the Centre for Democracy & Technology Europe, alongside 30 civil society and journalists’ organisations, published a joint statement on the use of surveillance spyware in the EU and beyond, calling on the incoming EU institutions to take the necessary regulatory measures to address the threats to fundamental rights posed by spyware in the new legislative term. This should include a ban on the production, sale, and use of spyware that grossly violates fundamental rights and for which strict safeguards would never be sufficient to mitigate the harms caused to the rights of the victims.

The coalition has expressed deep concern over the EU institutions’ failure to address the misuse of spyware technologies in the EU, which pose a serious threat to EU democratic values, public debate and healthy civic spaces.

“The incoming EU institutions have the opportunity to correct the failures of the last legislature by taking concrete and decisive action against the abuse of spyware surveillance by governments and law enforcement agencies in the EU. European civil society is uniting to demand action and hold incoming lawmakers accountable,” says Silvia Lorenzo Perez, Director of CDT Europe’s Security, Surveillance and Human Rights Programme.

The statement cites findings from the European Parliament’s PEGA Committee, which revealed in May 2023 that a majority of EU Member States had acquired spyware, with some using it unlawfully against journalists, human rights defenders, and politicians. The coalition criticises the recently adopted European Media Freedom Act (EMFA) for failing to protect journalists adequately, arguing that the law lacks crucial safeguards against surveillance.

The coalition is urging the EU to implement a strict ban on the production, sale, and use of spyware that violates fundamental rights, and a moratorium on these activities until robust safeguards are in place. They also emphasise the need for stronger export controls by incorporating spyware into the EU Dual-Use Regulation, and strengthening the safeguards to ensure  these tools aren’t used for repression or human rights abuses in countries outside the EU.

The coalition also demands more transparency in government contracts involving spyware and better accountability. It calls on the EU Parliament to continue the work of the PEGA Committee and continue to work toward the full implementation of its recommendations. The coalition also calls for immediate and decisive measures to protect the rights of all individuals in the EU from the growing threat of spyware and demands that EU decision-makers consult openly with civil society and stakeholders in the process. 

Read the full statement here. 

Coordination group

Centre for Democracy & Technology Europe (CDT Europe)

Access Now

ARTICLE 19

Civil Liberties Union for Europe (Liberties)

Data Rights

Electronic Privacy Information Center (EPIC)

Epicenter.works – for digital rights

European Digital Rights (EDRi)

European Federation of Journalists (EFJ)

The Hungarian Civil Liberties Union (HCLU)

Privacy International (PI)

Wikimedia Europe

Additional signatories

Aspiration

Digital Rights Ireland

Data Privacy Brasil

Centre for Peace Studies

Citizen D / Državljan D

Civil Rights Defenders

European Center for Not-for-Profit Law (ECNL)

Fundación Karisma (Colombia)

Homo Digitalis 

Italian Coalition for Civil Liberties and Rights (CILD)

IT-Pol Denmark

Ligue des droits humains (Belgium)

Panoptykon Foundation

Peace Institute (Slovenia)

Sflc.in (India)

Vrijschrift.org

Xnet, Institute for Democratic Digitalisation (Spain)