Spyware is one of the most invasive and surreptitious tools in the hands of public authorities. In some cases spyware has been abused with impunity by some public authorities in particular against journalists, opposition politicians, human right lawyers and NGO activists. The EU privacy acquis (in particular the Law Enforcement Directive), the Treaty rules on free movement, the European Media Freedom Act and last but not least the Charter of fundamental rights offer protection to individuals. The balancing with the public interest to fight very serious crimes needs to be done with rigor, so that spyware can be used only under very strict conditions. Therefore, spyware is not only a litmus test for the effectiveness and primacy of EU law: in fact, it is also the epitome of the recent political trend consisting in the denial of fundamental rights of opponents and in the manipulation of electoral processes. At stake are not only the rights of individuals, but also the fabric of the European democratic and liberal system based on the fundamental rights, the rule of law and ultimately the values of the Union.