There should be an “outright ban” on the use of spyware software, Clare Daly has said. 

Spyware is a type of technology that allows the user to capture data and personal information from an individual without their knowledge or consent. 

The European Parliament is currently considering a EU Media Freedom Act that bans its use against journalists except in “strictly defined cases”. 

Speaking to Newstalk Breakfast, Dublin MEP Clare Daly said it should be banned in all circumstances. 

“Our group, the Left Group, were the only ones who warned about the insidious nature of this technology and how it could not be controlled,” she said. 

“We can’t talk about curtailing the abuse of software - its use is the problem.” 

The Left Group currently has 37 MEPs out of the 705 in the Parliament but Ms Daly said other groups have “come round” to their position on the issue.

“Now the Green group, I think, will support us on that,” she said. 

“The ECR has supported us a little bit as well but the point is you cannot control this technology. 

“It’s absolutely impossible; it’s a nuclear weapon type thing - it’s so disruptive.” 

The European Parliament building in Strasbourg. Image: Newstalk

Spyware software has been used in other jurisdictions as part of counterterrorism surveillance efforts. 

Despite this, Ms Daly said she would oppose its use by police forces. 

“There’s loads of technology available,” she said. 

“There’s loads of authorised ways [through] which people can get information or do proper policing or counterterrorism surveillance. 

“It doesn’t mean you break into someone’s house [and] take over all their technology.”

Use in court

As well as questions about privacy, Ms Daly said there are doubts about whether the evidence provided by spyware could ever be used in court. 

“Most of our private lives are on our phones, if you take over that from somebody, you’re exposing everybody they have contact with,” she said. 

“Photographs of their children, text messages - whatever. 

“And it couldn't possibly effectively prosecute terrorism effectively then because the device itself is contaminated in that the operator who takes it over through the spyware could be sending the material. 

“So, the evidence itself is tainted.” 

Ms Daly will be up for re-election as an MEP in June.

You can listen back here:

Main image: Clare Daly. Image: Michael Debets / Alamy Stock Photo