Pegasus and similar spyware and secret state surveillance

Amendment No. 13 | Doc. 15825 | 10 October 2023

Signatories:

Mr Constantinos EFSTATHIOU, Cyprus, SOC ; Mr Paul GAVAN, Ireland, UEL ; Mr Max LUCKS, Germany, SOC ; Mr Simon MOUTQUIN, Belgium, SOC ; Mr Stefan SCHENNACH, Austria, SOC

Origin

2023 - Fourth part-session

In the draft resolution, paragraph 11, replace the words "abuses must fully investigate [...] to effective remedies and redress" with the following words:

"and surveillance abuses must fully investigate and determine whether the use of Pegasus, similar spyware or other surveillance methods was lawful under domestic law and compliant with the Convention and other international standards. This implies assessing in each individual case whether the interference pursued a legitimate aim under Article 8.2 of the Convention and whether it was strictly necessary in a democratic society and proportionate to that aim. It also means ensuring that all victims of spyware- and surveillance-related abuses have access to effective remedies and redress."