The Human Rights Center and European Digital Rights Held a Brussels Press Conference and Presentation on a New Spyware Policy Paper by Prof. Fionnuala Ní Aoláin
The University of Minnesota Law School’s Human Rights Center and European Digital Rights (EDRi) jointly hosted a hybrid presentation and discussion of a new policy paper, A Legal and Political Assessment of the Pall Mall Process in Brussels, on Thursday, June 11, in Brussels and online.
The paper was authored by Professor Fionnuala Ní Aoláin, KC (Hons), former United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism and current member of the U.N. Commission of Inquiry on the Syrian Arab Republic. It builds on more than a decade of research and advocacy examining the use and abuse of spyware and other invasive surveillance technologies.
The policy paper provides a critical assessment of the British-French-led Pall Mall Process, particularly the 2025 voluntary Code of Practice for States, endorsed by multiple European governments. It is the first systematic analysis of the code’s shortcomings and the broader limitations of “soft law” approaches to regulating spyware technologies at a time when documented abuses continue to raise significant human rights concerns.
Recent revelations involving spyware use in Spain, Greece, Italy, and Poland underscore the need for stronger, democratically grounded, and accountability-based regulatory frameworks. The paper argues that the proliferation of spyware technologies among states—and potentially non-state actors—poses risks that governments and regional institutions have yet to adequately address through comprehensive human rights-based regulation.
The paper further contends that certain uses of spyware and surveillance technologies may be inherently incompatible with the human rights obligations of European states. It also identifies a series of “red lines” for ongoing diplomatic efforts led by the United Kingdom and France to develop a non-binding Code of Conduct for companies involved in the development, transfer, and use of spyware technologies. The analysis highlights the limitations of voluntary regulatory approaches and the risks associated with relying on non-binding frameworks for corporate actors operating in this sector.
The June 11 event featured a briefing on the policy paper and a preview discussion for journalists, policymakers, experts, and civil society representatives. Online participation will also be available.
Speakers
- Professor Fionnuala Ní Aoláin, Human Rights Center, University of Minnesota Law School
- Aljosa Ajanovic Andelic, European Digital Rights (EDRi)
- Sophie in't Veld (Former Member of European Parliament)
