Government use of spyware against civil society in Spain

This litigation addresses unwarranted surveillance of personal devices and communications using Pegasus-type spyware by the Spanish State against civil society and, in particular, against one of the lawyers spied on by Pegasus without judicial authorisation in Spain. 

In April 2022, an investigation by CitizenLab and Amnesty International revealed that at least 65 individuals in Catalonia had been spied on using Pegasus spyware since 2017 and the PEGA Committee listed Spain as one of the countries of concern at the EU level regarding the misuse of spyware. So far, the full extent, mechanisms and motives behind the espionage remain unclear and Spanish authorities have refused to disclose warrants or provide details Invoking national security to avoid accountability.

Pre-litigation research conducted by Irídia and Gentium in 2023 highlights that:

• The use of spyware such as the Pegasus software can affect not only the right to privacy and confidentiality of communications, but also freedom of expression, freedom of assembly, the right to a fair trial, and possibly other rights such as physical integrity or freedom of religion, with severe specificities in the case of its use against a lawyer, which constitutes a breach of the right to defense and the duty of professional secrecy and confidentiality;
• The legal framework for the interception of communications by the National Intelligence Centre (including the Official Secrets Act, a 1968 law that classifies all information held by the CNI as secret, on the broad grounds of national security) does not fully meet the criteria required by the European Court of Human Rights, as there are no clear rules in their framework to minimise the risk of unauthorised access or disclosure;
• Despite the considerable challenges, the pursuit of judicial remedies is an effective means of gaining access to information, and to obtain effective judicial protection, which has so far been denied to the person affected and, by extension, to all those affected.

Following the completion of pre-litigation research, Irídia are starting litigation focused on addressing unwarranted spyware use in Spain, aiming to achieve truth, justice, reparation, and guarantees of non-repetition.

In a press conference on 13 November 2024, Irídia announced the filing of a complaint against NSO group’s founders and an executive.