A new report investigating Pegasus spyware impacts on human rights was launched by the Council of Europe on the occasion of the summer session of the Parliamentary Assembly. It was prepared by the Information Society Department with contributions from Tamar Kaldani, former Personal Data Protection Inspector of Georgia, currently first Vice-chair of the Consultative Committee of Convention 108 and Zeev Prokopets - an Israeli executive, product designer, software developer and entrepreneur (Link7).
Recent revelations on the deployment of Pegasus spyware, including in a number of Council of Europe states targeting journalists, human rights defenders and politicians have raised a significant public outcry. Usage of such an intrusive technology not only adversary affects the effective enjoyment of the right to privacy and freedom of expression but also the notion of personal autonomy and even potentially the physical integrity of individuals. The surveillance practices disclosed so far could also damage the very principle of the rule of law and credibility of democratic institutions.
National security and criminal activities may justify the exceptional use of communications surveillance technologies. Law enforcement and intelligence services also have legitimate aims to obtain necessary information. However, the State’s margin for appreciation are bound by international, regional, and national human rights instruments.
The Convention for the protection of individuals with regard to the processing of personal data – Convention 108+ -and its explanatory report clearly state the principles and conditions to be respected in its Article 11.
Wide-scale usage of communication tapping and secret surveillance always create room for arbitrariness, threatening the effective enjoyment of number of rights and fundamental freedoms, including the right to respect to private and family life and communication (Article 8 of the ECHR). The consequences of mass or targeted surveillance tools such as Pegasus by authoritarian regimes could be catastrophic. Already in use in a number of countries, they enable to track down political opponents and to hamper freedom of information and expression. Therefore, the development and deployment of surveillance technologies must be accompanied by decent and effective legal safeguards that ensure adequate protection for individuals and a fair balance between all interests concerned and the rights and freedoms at stake.
