The UN human rights chief on Monday said the apparent widespread
use of Pegasus spy software to illegally undermine the rights of
those under surveillance, including journalists and politicians,
was “extremely alarming” and confirmed “some of the worst fears”
surrounding the potential misuse of such technology.
“Various parts of the UN Human Rights system, including my own
Office, have repeatedly raised serious concerns about the dangers
of authorities using surveillance tools from a variety of sources
supposed to promote public safety in order to hack the phones and
computers of people conducting legitimate journalistic
activities, monitoring human rights or expressing dissent or
political opposition”, said High Commissioner Michelle Bachelet
in a statement.
According to reports, the Pegasus data leak allegations which
surfaced through a consortium of media organisations over the
weekend, suggests widespread and continuing abuse of the
software, which the manufacturers insist, is only intended for
use against criminals and terrorists.
The Pegasus malware infects electronic devices, enabling
operators of the tool to obtain messages, photos and emails,
record calls, and even activate microphones, according to the
consortium’s reporting. The leak contains a list of more than
50,000 phone numbers which reportedly belong to those identified
as people of interest, by clients of the company behind Pegasus,
including some governments.
‘Indispensable role’
Surveillance software has been linked to the arrest, intimidation
and even killing of journalists and human rights defenders,
according to the senior UN official.
Reports of surveillance also trigger fear and cause people to
censor themselves.
“Journalists and human rights defenders play an indispensable
role in our societies, and when they are silenced, we all
suffer”, she said, reminding all States that surveillance
measures can only be justified in narrowly defined circumstances
when necessary and proportional to a legitimate goal.
‘Deep intrusions’
Given that Pegasus spyware, “as well as that created by Candiru
and others, enable extremely deep intrusions into people’s
devices, resulting in insights into all aspects of their lives”,
the UN rights chief underscored, “their use can only ever be
justified in the context of investigations into serious crimes
and grave security threats.”
If recent allegations about the use of Pegasus are even partly
true, she maintained that the “red line has been crossed again
and again with total impunity”.
‘Due diligence’
Companies developing and distributing surveillance technologies
are responsible for avoiding human rights abuses, she said, and
they must take immediate steps to mitigate and remedy the damage
their products are causing, or contributing to, and carry out
“human rights due diligence” to ensure that they no longer play a
part in “such disastrous consequences” now, or in the future.
States also have a duty to protect individuals from privacy
rights abuses by companies, she added.
One key step in this direction is for States to require by law
that the businesses meet their human rights responsibilities by
becoming more transparent in their design and use of products and
by putting in place effective accountability mechanisms.
Better regulation key
Reports also confirm “the urgent need to better regulate the
sale, transfer and use of surveillance technologies and ensure
strict oversight and authorization.”
Governments should not only immediately stop using surveillance
technologies in ways that violate human rights, but also “take
concrete actions” to protect against such invasions of privacy by
“regulating the distribution, use and export of surveillance
technology created by others”, the High Commissioner said.
Without human rights-compliant regulatory frameworks, Ms.
Bachelet upheld that there are “simply too many risks” that the
tools could be used to intimidate critics and silence dissent.
