There must be European supervision of wiretapping by member states. Eavesdropping devices are now widely abused: countries invoke their national security, while in many cases this is not the case at all. That is the main conclusion of a report that the Dutch MEP Sophie in ‘t Veld presented on Tuesday morning.

Espionage software such as the originally Israeli Pegasus is not only used against criminals or foreign spies, but also within the EU against journalists and opposition members. “And not by chance or accident, it is part of a system,” said the D66 MEP at a press conference.

LOOK. Install espionage software to track journalists and activists worldwide via a phone. It sounds like a spy thriller, but according to international media it really happened

In ‘t Veld (D66) was sent to investigate by the European Parliament after it emerged last year that thousands of people, including several important politicians such as Charles Michel and French President Emmanuel Macron, had been wiretapped. And ‘overheard’ is too old a word. Spyware can be used to take over a smartphone and extract all content from it, including documents, images and messages. “Access to the victim’s system can be manipulated and fabricated content planted. The microphone and camera can be activated remotely and turn the device into a spy in the room. All the while, the victim is unaware of anything.”

The Dutch MEP Sophie in ‘t Veld (D66) in the plenary room of the European Parliament in Brussels. © ANP

The report mentions Poland, Hungary, Cyprus, Greece and Spain as major users when it comes to using this technology against their own citizens. Opposition members and journalists in particular are victims, the report gives numerous examples. “The material obtained can be used not only to observe actions, but also to blackmail, discredit, manipulate and intimidate the victims.”

About Belgium it contains 159 page report half a page. Among other things, it can be read how Justice Minister Vincent Van Quickenborne (Open Vld) admitted last year that the Belgian intelligence services Pegasus be able to use legally to spy on people’s smartphones, without confirming whether that actually happens.


Quote

The improper use of spy software against journalists, activists and opposition politicians is a direct attack on the rule of law.

Jeroen Lenaers, CDA European Parliamentarian

Last May, the Spanish government admitted that Prime Minister Pedro Sanchez's phone had also been hacked.

Last May, the Spanish government admitted that Prime Minister Pedro Sanchez’s phone had also been hacked. © AFP

The report will be discussed in parliament in December. But the chairman of the parliamentary committee that deals with it, CDA MEP Jeroen Lenaers, already says that the report should generate more than just media attention. “European legislation is needed for the use of spyware by member states. In addition, import and export rules must be introduced for the purchase of spy software. It is also important that we establish the right to transparency for victims of wiretapping operations.”

Lenaers uses similar words to his D66 colleague: “The improper use of espionage software against journalists, activists and opposition politicians is a direct attack on the rule of law,” he says. “It is therefore high time that the Member States and the European Commission finally got going.”

Too much leash member states

Cooperation between member states is certainly not enough to tackle this problem, member states are often the offenders themselves, it has to be done through the Brussels institutions and Europol, writes In ‘t Veld in her report. Member States also refused to cooperate with its investigation. She said this morning that she expects the European Parliament to come up with concrete proposals after considering her report. Whether these are actually introduced is another matter: The European Commission has the right of initiative in the EU and, according to In ‘t Veld, this is too much on the leash of the member states.

She was hard about it this morning during her press conference: “Recently, Elon Musk took over Twitter. There is great concern and European Commissioner Thierry Breton immediately warned Musk that ‘in Europe the bird will fly according to our rules’. The Commission is determined to fight attacks on democracy from outside. But when the attacks on democracy come from within, the Commission remains silent. Then the defense of European democracy is no longer a European matter, but a matter for the Member States. The Commission shows muscle to Musk, but velvet gloves to Member States that use spyware against citizens.” Neither the Commission nor Member States have responded to the report.

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