Digital searches in Poland in the light of the Pegasus spyware scandal

In 2021 media unrevealed that the Polish government hacked cellphones of opposition party members by using an Israeli spyware tool Pegasus. This was done by getting an access to the cellphone remotely through its security weakness and gaining control over the devise browsing photos, files and turning microphone. Although the malware, as reported, was used as so-called operational method in the outside-of-investigation context it raises questions as to whether such mechanisms are an example of the use of some form of surveillance or rather a form of digital search. The presentation seeks for an answer how the use of such invasive tools as a Pegasus spyware is regulated in Poland and whether the current Polish law allows for a proper protection of those whose privacy was invaded by such tool.