A surveillance scandal that has been brewing for almost a year erupted this week when the leader of Greece’s main opposition party filed a motion of no confidence in the government after a series of revelations revealed cases of journalists and Politicians targeted by spyware and/or under state surveillance. .
The controversy began in March last year when digital rights group Citizen Lab informed journalist Thanasis Koukakis that his phone had been monitored for ten weeks by powerful spyware called Predator. Four months later, it emerged that Nikos Androulakis, leader of the opposition PASOK-KINAL party, had also been targeted by the same spyware.
Nearly a year after the scandal broke, Greeks are still awaiting the outcome of ongoing judicial investigations into allegations of surveillance and improved guarantees of the right to privacy.
Following the revelation that Koukakis’ phone had been infected with spyware, it was revealed that it had also been bugged by the National Intelligence Service. Meanwhile, the government admitted that Androulakis had been placed under what it claimed was legal state surveillance – but it denied using Predator.
Since April 2022, three known criminal investigations into spyware allegations have been opened. The third investigation began after Greek newspaper Documento published a list of high-profile individuals allegedly under state surveillance and/or targeted by Predator.
In December 2022, Euractiv reported that investigative journalist Tasos Telloglou, who is leading investigations into the use of spyware in Greece, was also under state surveillance for unknown national security reasons.
During a parliamentary debate this week, Alexis Tsipras, the leader of the main opposition SYRIZA party, revealed the names of some people under state surveillance, listed in a report by the country’s telecommunications watchdog . A government minister and the head of the armed forces were on the list.
Despite numerous allegations and public outrage, the Greek government continues to deny ever purchasing or using Predator spyware. Yet in December 2022, the New York Times reported that the Greek government had granted Predator export licenses to Intellexa, a spyware company. Media outlets also investigated state officials’ alleged ties to companies involved in the distribution of Predator.
In the absence of true government transparency, such intrusive surveillance has a widespread effect on journalists and civil society, far beyond those who can prove they have been targeted. They continue their work in constant fear of being spied on. Speaking to Amnesty International, Thanasis Koukakis explained how the targeting had impacted his work, leading him to increase the security of his communications and meet his sources in person.
Last November, under growing pressure, the government announced it would introduce legislation that would “ban the sale of spyware.” Yet the surveillance bill passed last December legalizes the acquisition of surveillance technology by authorities, enabling the same abuses that were at the heart of the recent surveillance scandal.
The law, which has been criticized by civil society, opposition parties and independent administrative authorities, does not provide an effective remedy for those subject to surveillance for reasons of national security. Under the legislation, a person must wait three years to find out if they have been subject to surveillance, and they can only be informed of the surveillance measures and the length of time they were targeted. We cannot tell them why they were placed under surveillance.
The framework of the new law does not meet the criteria of independence since two of the three members of the committee responsible for deciding whether a monitored person will be informed are part of the prosecuting authorities which had initially authorized the interception of communications.
In early January, an opinion by Greece’s Supreme Court prosecutor concluded that the country’s telecommunications watchdog could not investigate cell phone providers after individuals demanded to know whether they had been wiretapped for national security reasons, and warned that such investigations could result in criminal sanctions. . The opinion, which appears aimed at undermining independent oversight of state oversight, has been criticized by constitutionalists, bar associations and opposition parties.
In November 2022, the Pegasus Committee (PEGA), established in 2022 to investigate spyware abuse by EU governments, visited Greece. The body’s rapporteur, Sophie in ‘t Veld, called on Greek authorities to clarify the use of spyware ahead of this year’s elections.
On January 24, the PEGA committee presented draft recommendations expressing serious concerns about the EU’s “fundamental inability… to respond to attacks on democracy” from within the bloc. The recommendations, expected to be voted on in April, include country-specific recommendations for Poland, Hungary, Spain, Cyprus and Greece. Greece is called upon to urgently restore and strengthen institutional and legal safeguards and ensure that authorities can freely and unhindered investigate all allegations of spyware use.
Following Project Pegasus, which revealed that spyware had been used to target journalists, human rights defenders and politicians around the world, there is an urgent need for an international moratorium on development, use, transfer and sale of spyware technologies until there is a global legal framework to prevent such abuse.
The surveillance scandal in Greece is yet another reminder of the fragility of the rights to privacy and freedom of expression.
It is high time that Greek authorities provide guarantees to those who may be targeted by spyware or subject to state surveillance. Furthermore, impartial, prompt and thorough investigations must be conducted into all allegations of illegal surveillance.
The vote on the motion of censure will take place on Friday, after three days of debate. Although the motion is not expected to pass, the shockwaves of this scandal will be felt for many months and years to come and should shake us all out of our complacency.
This article was first published here in EuroObservateur
