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Surveillance of Critical Voices: An Urgent Challenge for Human Rights

Data Protection Day, celebrated every January 28th, aims to raise awareness about the importance of protecting personal data from a human rights perspective. This date commemorates the signing of the Council of Europe’s Convention 108 in 1981, the first international treaty establishing standards for the protection of personal data. The protection of this data is a fundamental right closely linked to privacy, which is essential for ensuring dignity, autonomy, and individual freedom in the digital age. Respecting privacy is not only key to a person’s autonomy but also to the full exercise of other fundamental rights.

In this context, mass surveillance has become a growing threat that jeopardizes fundamental human rights, such as privacy and freedom of expression. Surveillance technologies, although initially presented as tools to ensure security, are increasingly being used to silence those who challenge the established power, such as journalists, activists, and human rights defenders. Digital surveillance, through the use of spyware and mass data monitoring, has become widespread, severely affecting the full exercise of fundamental rights worldwide. In particular, it contributes to creating a “chilling effect”, inhibiting freedom of expression and social protest by creating an atmosphere of fear and self-censorship. Those who oppose the status quo, whether through corruption investigations or human rights defense, are forced to moderate their actions, comments, and criticism for fear of being monitored, persecuted, or even suffering reprisals.

In Europe, the spyware Pegasus has been used to spy on journalists, activists, and political opponents who were investigating corruption cases and abuses of power. This type of espionage highlights how digital surveillance is used for repression, infringing both privacy and freedom of expression. In Latin America, the use of Pegasus was reported for spying on journalists and human rights defenders investigating corruption and human rights violations, particularly in countries such as Colombia, El Salvador, the Dominican Republic, and Mexico. In China, the government uses mass surveillance technologies such as social media monitoring, facial recognition, and data analysis to control its population and repress critical voices, severely limiting freedom of expression and organization. In Egypt, digital surveillance has been used to spy on journalists and political opponents, while in Saudi Arabia, Pegasus spyware was used to spy on journalists, activists, and political dissidents, contributing to an environment of repression and control.

These cases reveal the transnational nature of digital surveillance and its destabilizing effects on democracies. The indiscriminate use of surveillance technologies not only violates the right to privacy but also undermines several fundamental human rights. The right to privacy (Article 12 of the Universal Declaration of Human Rights) and Article 8 of the European Convention on Human Rights protect individuals from arbitrary interference in their private lives. Meanwhile, the right to freedom of expression (Article 19 of the Universal Declaration of Human Rights) guarantees that individuals can seek, receive, and impart information and ideas without interference. The right to freedom of association and peaceful assembly (Article 20 of the Universal Declaration of Human Rights) ensures the ability to meet and protest without fear of retaliation. Indiscriminate surveillance, by interfering with these rights, turns individuals into subjects of control and repression, inhibiting their ability to act, express opinions, and organize freely.

The growing use of espionage technologies like Pegasus presents a global challenge. These systems not only invade individuals’ privacy but are also designed to create an atmosphere of fear, censorship, and self-censorship, restricting fundamental freedoms. The effects of this surveillance are not only psychological but also social, as they lead to the weakening of democracy and a regression in human rights respect. This situation has raised alarm in international organizations like the Council of Europe, which in December 2024 published a report highlighting the growing concern over the misuse of such technologies. The Report on Regulation in Accordance with the Rule of Law and Human Rights of Spyware, adopted by the Venice Commission at its 141st Plenary Session (Venice, December 6-7, 2024), addresses the growing concern over the use of surveillance technologies like spyware and their impact on fundamental rights. This report emphasizes the need to establish clear legal frameworks and strict regulations to ensure that the use of these technologies respects the principles of the rule of law and human rights.

The Venice Commission, as an advisory body of the Council of Europe, plays a crucial role in promoting democracy, the rule of law, and human rights in Europe. In this context, the report underscores the importance of transparency, accountability, and judicial oversight in the use of surveillance technologies. Moreover, it emphasizes that any surveillance measure must be necessary, proportional, and subject to effective controls to prevent abuses and protect individuals’ fundamental rights.

The Council of Europe’s report also recommends that governments establish clear legal frameworks to regulate the use of surveillance technologies and ensure that these tools are subject to rigorous oversight to prevent abuses. It also advocates for transparency in the use of surveillance tools, highlighting that a lack of accountability facilitates the misuse of these technologies. Individuals affected by digital espionage should have access to redress mechanisms and compensation, and their rights must be effectively protected. Only through adequate regulation and greater transparency can we prevent mass surveillance from becoming a tool of control and repression.

The surveillance of critical voices not only violates individuals’ privacy but also undermines fundamental human rights. The violation of privacy and freedom of expression through digital surveillance and espionage jeopardizes democracy and citizens’ freedom. As the Council of Europe report highlights, it is urgent to implement legal frameworks that regulate the use of surveillance technologies, ensuring the protection of fundamental rights for all people, regardless of their location or circumstances. The fight for privacy and freedom of expression must be a priority, accompanied by a culture of responsibility and respect for human rights in the digital realm.