Slovakia: Use of Pegasus a threat to democracy and human rights

ARTICLE 19 expresses grave concern regarding the recent allegations about the Slovak Information Service, the national intelligence agency, acquiring Pegasus spyware. This revelation is particularly alarming given the deteriorating situation for democracy and protection of human rights in Slovakia and the historical context of Pegasus's use in other countries, where it has been employed to surveil journalists, human rights activists, and political dissenters, undermining the very foundations of democracy.

Pegasus, a highly sophisticated spyware developed by the Israeli NSO group, is capable of infiltrating mobile devices and extracting sensitive data, including messages, contacts, and location information. It can also activate a device's microphone and camera for real-time surveillance. Once installed on a target's device, Pegasus can operate without the user's knowledge or interaction, making it difficult to detect and prevent.

According to recent revelations published by Dennik N, the Slovak Information Service (SIS) acquired the Pegasus spyware under the fourth government of Prime Minister Robert Fico. Four anonymous sources from SIS have revealed that the spyware has moved from the testing phase to full operation as of September 2024.

The opposition politician and former chairman of the National Assembly Committee for Defence and Security, Juraj Krúpa, has confirmed the presence of 'new systems that allow hacking into phones' and warned that SIS has expanded its powers, allowing it to spy on citizens without the need for court approval.

The Slovak government has not officially confirmed or denied the use of Pegasus. The SIS has refused to comment on the possible use of the spyware, citing state secrecy.

Concerns about the use of Pegasus

The use of Pegasus has been extensively documented around the world, including by ARTICLE 19.

Reports indicate that the spyware has been employed in various countries, including Mexico, India and Saudi Arabia, to surveil and intimidate dissenting voices. In the European Union - for instance, in Hungary - independent journalists have been targeted, raising alarms about the erosion of press freedom and the accountability of government actions. Similarly, in Poland, the Law and Justice Government was found to have illegally surveiled opposition figures, leading to calls for investigations and accountability measures.

The use of Pegasus has raised alarms not only about the safety of journalists and media professionals and the chilling effect it has on investigative journalism, but also about the erosion of democratic norms and the rule of law. In particular:

• In 2021, the UN High Commissioner for Human Rights, Michelle Bacheletexpressed alarm over the 'extremely dangerous' implications of the use of Pegasus spyware for human rights. She emphasised that the surveillance capabilities of such technologies pose a serious risk to freedom of opinion and expression, which are fundamental to democracy.
• The 2023 report by the Council of Europe's Parliamentary Assemblyhighlighted that Pegasus has been sold to at least 14 European Union countries, including Belgium, Germany, Hungary, Luxembourg, the Netherlands, Poland and Spain. The report called for a moratorium on the sale and use of such spyware until adequate legal frameworks and safeguards are put in place.
• The European Parliament's Committee of Inquiry to Investigate the Use of Pegasus and Equivalent Surveillance Spyware(PEGA) found evidence of the misuse of Pegasus in Poland, Hungary, and Greece. The draft recommendation from PEGA strongly condemns the illegitimate use of spyware by Member State governments and calls for common EU standards regulating the use of such surveillance tools. The PEGA committee's investigation also revealed serious shortcomings in the implementation of EU law when the European Commission and the European External Action Service provided support to non-EU countries to enable them to develop surveillance capabilities.
• The European Union Agency for Fundamental Rights(FRA) has emphasised that the use of Pegasus poses a threat to fundamental rights guaranteed under the EU Charter, such as freedom of expression, freedom of the press, and freedom of association. It also raises issues about the effectiveness of EU export controls and human rights safeguards in the procurement of spyware from third countries.

International and regional institutions have called for strict regulations, oversight mechanisms, and accountability measures to prevent the misuse of Pegasus and similar spyware by governments. They stress the need to protect human rights, democracy, and the rule of law in the face of these powerful surveillance technologies.

ARTICLE 19 has long warned that the use of Pegasus and similar software represents a severe invasion of privacy, as it allows for unrestricted access to personal communications, location data, and other sensitive information on targeted devices. This level of surveillance undermines individuals' rights to privacy and personal autonomy. Its use also creates a chilling effect on freedom of expression and media freedom.

ARTICLE 19's concerns about reports of the use of Pegasus in Slovakia

The acquisition of Pegasus by Slovakia's intelligence services, particularly in light of the rise of authoritarianism and attacks on journalists, activists, civil society, and opposition in the country, poses a significant threat to human rights and democratic processes. The potential for unchecked surveillance capabilities raises urgent questions about transparency and oversight in the use of such technology.

As the Slovak Information Service remains silent on the specifics of its surveillance practices, the lack of accountability could mirror the troubling patterns observed in other countries.

In light of these developments, ARTICLE 19 calls on the Slovak Government and SIS to immediately cease the use of Pegasus and similar spyware, which disproportionately interferes with fundamental rights and for which there are no adequate safeguards to prevent and redress harms to human rights.

We also reiterate our recent callon the European institutions and the EU member states to urgently adopt series of measures to address the threats to fundamental rights posed by spyware in the new legislative term. This should include a ban on the production, sale, and use of spyware that grossly violates human rights and for which strict safeguards would never be sufficient to mitigate the harms caused to the rights of the victims.  

We call on the EU to develop comprehensive frameworks that prioritise the protection of privacy and freedom of expression, alongside rigorous accountability mechanisms for state surveillance practices.

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