We know for sure that Angela Merkel’s phone during the years she was Chancellor of Germany was tapped, at least by the United States. As far as I can remember, it never occurred to anyone to ask for heads to roll in the government or in the country’s intelligence services. And there was no Pegasus program yet, nor had we heard of Cambridge Analytica and other tools like that.
From what I have read, I do not believe that there is any European government that can give guarantees to its population that it will not be possible to use tools such as those incorporated in the Pegasus program in their country. As long as the Israeli company that makes it can sell it and there is no control over the form and conditions under which it can be purchased and used, the program will continue to be produced and purchased. And it will continue to be used with the results we already know. No one, regardless of their place in the architecture of the State, can prevent it. Demanding, therefore, that heads roll does not lead anywhere. Would a severed head guarantee that the same or a similar program could not be used again?
The European Commission has just said that the espionage made possible by a program like Pegasus is unacceptable, but it has decided, wisely in my opinion, that it is not its responsibility to carry out the relevant investigation into it. One thing is that the European Union should consider how to respond at a European level to the problem that the existence of a program like Pegasus poses and another thing is that the European Commission can give that response right now.
The search for this answer obviously has to be considered within the framework of the European Union, which is the club of states with the highest level of democratic demands in the world known to date. There is no organization with the democratic legitimacy that it has to deal with a problem of this nature. But that process takes time and it has to move forward in the way that these matters are moving forward in the Union.
Pegasus or any similar program is incompatible with democracy as a political form. It is impossible to guarantee the exercise of the constitutive rights of personality against the use of said program. And without the constitutive rights of the personality to speak of democracy is absurd. Based on this premise, it would be necessary to design the legal response and demand that each Member State make it their own.
Obviously, nothing prevents any Member State from waiting for a response from the European Union. Any Member State can already criminalize the possession and use of the Pegasus program. Instead of starting by demanding that heads be cut off, as is being done in Spain, why not demand that the Government present a bill that criminalizes the possession and use of the Pegasus program? Or why not promote an agreement between the different parliamentary groups so that a law is approved by the urgent procedure with said content?
The way the political yard is in our country, I fear that it is those who are demanding that heads be cut off who may see theirs threatened.