Pegasus case: EP calls on Hungary to ensure credible investigation and substantive redress

The European Parliament has called on Hungary to ensure independent judicial powers before using spyware, to conduct a credible investigation into allegations of abuse and to guarantee meaningful redress. MEPs adopted their non-binding resolution on spyware on Thursday by a large majority of 411 votes in favour, 97 against and 37 abstentions, according to a statement from the EP.

The scandal surrounding the Pegasus software erupted in July 2021 following articles of an international project involving Telex partner Direkt36 from Hungary, as well. As it turned out, an application developed for hacking smartphones – which the manufacturer claims is only made available to state agencies – was used in many countries for purposes other than its original purpose (i.e. to expose terrorists and criminals). Instead, it had been used to monitor or attempt to monitor journalists, activists, lawyers and politicians. (Our articles on the subject and Direkt36's coverage can be found here.)

The EP has set up a special committee to investigate the use of Pegasus. It visited several Member States concerned, including Hungary in February this year. The Hungarian government, like the Polish government, refused to receive the delegation, calling it a farce of Brussels and claiming the "Soros-funded "dollar-left" were involved.

The committee drew up a report, but on Thursday the whole Chamber adopted a resolution. According to this, such spy software should only be allowed where there has been a thorough investigation into possible abuse, national rules are in line with the recommendations of the Venice Commission (independent of the EU) and the case law of the (also non-EU-body) human rights court in Strasbourg, and export restrictions on such software are enforced.

The EP would like to see EU-level regulations on the use of spyware in law enforcement. The Hungarian government has argued that national security is an exclusive national competence, but MEPs want a common legal definition of when this can be used as a basis for surveillance. They advocate that the use of such software only be allowed in exceptional cases, for a pre-defined purpose and for a limited period of time, and that certain data (such as that of politicians or the media) be excluded from surveillance unless there is evidence of criminal activity.

The resolution makes specific recommendations to the countries concerned. MEPs called on Hungary

• to comply with the judgments of the European Court of Human Rights;
• restore judicial oversight;
• guarantee independent judicial authorisation before deploying spyware;
• credibly investigate allegations of abuse;
• guarantee accessible, meaningful redress for citizens.