The European Union (EU) is facing criticism for its failure to stop the export of surveillance technology to governments accused of human rights abuses . Despite the EU’s “ Dual-Use Regulation ” introduced in 2021, EU surveillance technology tools are still reaching countries where they are allegedly being used to target journalists, activists, academics and other important people , according to a new report published by Human Rights Watch
The 54-page report, titled “Looking the Other Way: EU Failure to Prevent Surveillance Exports to Rights Violators,” raises concerns about weak oversight, limited transparency and gaps in the enforcement of the EU’s surveillance technology export framework
The report highlights that the majority of EU member states host companies involved in the development and export of surveillance technology. These tools include hacking software and telecommunications interception capable of monitoring private communications and identifying individuals.
According to Human Rights Watch, the growing global use of commercial spyware and related surveillance technology has become a major human rights issue. Governments in several countries have reportedly used such technologies to suppress dissent, monitor opposition voices, and curtail civil liberties.
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Dual-Use Regulation: Regulating exports of surveillance technologies
The EU Dual-Use Regulation was introduced to regulate exports of technologies that could serve both civilian and military purposes. The regulation aimed to strengthen export oversight by requiring member states to assess the human rights record of destination countries before approving sales.
The law also introduced transparency and reporting, requiring EU member states to share export licensing data with the European Commission for inclusion in annual public reports.
However, Human Rights Watch argues that the implementation of these measures has not achieved their intended purpose.
A major focus of the report is the EU’s 2024 implementation guidelines for the Dual-Use Regulation. Human Rights Watch argues that the guidelines weakened transparency requirements and limited public access to essential information about surveillance technology.
The organization said the reporting system does not currently provide enough detail to determine whether exports contribute to human rights abuses.
To further investigate the situation, Human Rights Watch submitted freedom of information requests to the 27 EU member states, requesting data on licensing and exports of surveillance technology. The findings revealed several examples of exports to countries with documented records of rights abuses.
Among the cases highlighted were the exports of surveillance tools from Bulgaria to Azerbaijan in 2022 and telecommunications interception systems exported from Poland to Rwanda in 2023.
The report states that these exports included technologies capable of intercepting communications and conducting invasive digital surveillance.
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Hiding information and violating rights
Human Rights Watch has criticized both EU institutions and member states for frequently invoking trade secrets, national security , and international relations as reasons for withholding export information from public scrutiny.
The report argues that surveillance technology can directly threaten several fundamental rights, including privacy, freedom of expression, freedom of assembly and in some cases even the right to life and protection from torture.
Human Rights Watch said journalists, activists, humanitarian workers and anti-corruption investigators are among those most vulnerable. The organization warned that digital surveillance can expose confidential sources, limit independent reporting and create risks to personal safety.
According to the report, the EU remains one of the largest hubs for commercial surveillance technology companies worldwide. A 2024 report by Google reportedly found that almost all of the major commercial surveillance companies cited in its research were based in the EU.
The European Commission is expected to launch a formal evaluation of the Dual-Use Regulation in September 2026. Human Rights Watch calls on the commission, the European Parliament, and EU member states to strengthen the rules governing exports of surveillance technology during the review process.
See also: WhatsApp: Italian spyware company created fake iOS version
The organization is calling for stricter human rights due diligence requirements, stronger export controls, and greater transparency in reporting. It also wants monitoring companies to conduct more detailed assessments of whether their products could be used to facilitate rights abuses.
In response to questions raised in the report, the European Commission said that licensing decisions for dual-use exports are handled by individual EU member states. The commission also defended some reporting restrictions, saying that detailed disclosures could reveal commercially sensitive information or identify companies involved in exports.
However, Human Rights Watch argues that the current framework fails to provide effective oversight.
Zach Campbell, senior surveillance researcher at Human Rights Watch, said the EU needs “real transparency” to ensure the regulation works as intended and prevents European surveillance technology from facilitating abuse worldwide.
