UK Supreme Court Rules Foreign States Can Be Sued Over Spyware Attacks
The United Kingdom’s highest court has made an important decision. It ruled that foreign countries cannot always avoid lawsuits in the UK. This decision came on Monday after Bahrain tried to stop a spyware case.
Bahrain asked the UK Supreme Court to dismiss a lawsuit. Two Bahraini activists living in the UK filed this case. They accuse Bahrain of spying on them. The court rejected Bahrain’s request by a close vote of 3-2.
This ruling sets an important new standard. It means foreign governments can face legal action in British courts. This applies when they use spy software on people inside the UK. This holds true even if the hacking was controlled from another country.
Saeed Shehabi is a journalist. He started a political party in Bahrain. Moosa Mohammed is a refugee from Bahrain. Both men oppose the Bahraini royal family. They claim the Bahraini government infected their computers in 2011.
The software used was called FinSpy. This tool can record typing, track location, and watch online activities. Mr. Shehabi and Mr. Mohammed both live in the UK. They sued in London’s High Court in 2020. They are asking for money because of “mental harm.”
Bahrain said it did not hack their computers. It also argued it should not be sued. Bahrain claimed these actions happened outside UK law. This would give it special protection as a country.
However, the High Court in London disagreed in 2023. The Court of Appeal upheld this decision last year. Bahrain then made its final appeal to the Supreme Court.
The Supreme Court decided that the alleged spying happened in the UK. The court said the activists and their computers were in Britain. This was when the spyware reportedly started working. This decision now allows the lawsuit to go to a full trial.
This judgment is part of a growing trend. Courts are now looking at whether countries and spy software companies are responsible. They are being questioned for using spyware against critics. Other similar cases include WhatsApp’s lawsuit in the US against NSO Group. Many human rights groups have often accused Bahrain of spying on journalists and activists.
