On November 13, 2022, newspaper To Vima published a report claiming that the mobile phone of Foreign Minister Nikos Dendias had been infected with the Predator malware.
This has caused concern in the diplomatic delegations and secret services of many foreign countries, because Mr. Dendias has had a series of contacts with high level foreign politicians and diplomats which may have been monitored by unknown persons through a phone infected with Predator malware.
Predator is a powerful surveillance tool, allowing its operator full and permanent access to the target device. It enables the extraction of important information such as passcodes, files, photos, contacts and web browsing history, and can take screenshots. The operator can also activate the device’s microphone and camera, making it possible to monitor any activity through or near the device, such as conversations taking place in the same room as the device.
In Greece no legislative framework has been passed that provides for the use of spyware software such as Predator. Furthermore, the basic law governing the operation of the National Intelligence Service (NIS) does not provide for the use of such software (Law 3649/2008 – Government Gazette 39/Α’/3.3.2008). Therefore, the targeting and hacking of victims through Predator or any other similar spyware in Greece is completely illegal, whether done by the state authorities or by a private actor, and is in violation of Article 19 of the Constitution, which enshrines the absolute inviolability of communications.
Mounting evidence of illegal surveillance raises questions not only about the use of malicious software in Greece, but also about the modus operandi of the National Intelligence Service, for which the prime minister is institutionally responsible. Following his victory in the 2019 elections Kyriakos Mitsotakis placed the agency under his direct control (Official Gazette: Issue Α’/119/8.7.2019). The use of illegal surveillance software to monitor politicians and journalists raises issues not only for the rule of law, but also for the freedom of the press and essential democratic values.
Although Article 19 of the Constitution enshrines the absolute inviolability of the privacy of communications, the Foreign Minister has been surveilled by as yet unknown persons through Predator spyware.
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