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Kontrola operacyjna oraz użycie systemu Pegasus w Polsce
Abstract
Public discourse in Poland has been dominated in the recent period by the eventual abuse of powers by law enforcement authorities by using the Pegasus program to conduct a secret surveillance against the opposition, public prosecutors or attorney. The problem of illegal or at least procedurally erroneus surveillance concerns not only Poland but in fact all democratic states. Deliberations focus on procedural guarantees for individual rights and professional privileges.
With the rise of new tools and technological solutions, public administration services are increasingly attempting to incorporate them into administrative processes to improve efficiency. One of the most fundamental challenges historically faced by police forces worldwide was the inability to identify a criminal based solely on a facial description. This issue was largely addressed by technological advancements that enabled the creation of mugshots of suspected individuals. Currently, the police face a new ethical dilemma: the use of artificial intelligence to match photos of suspects with images of similar-looking individuals. This article focuses on highlighting the potential problems that may arise if such measures are widely implemented in police work, exploring ways to mitigate those issues, and examining the compatibility of AI usage in policing with the current legal framework of Poland and the European Union.
Public opinion was outraged by information that Pegasus technology, intended to combat terrorism and organized crime, was also used to combat the opposition, surveil political opponents, and influence the outcome of elections in some member states of the Council of Europe and the European Union. These organizations have undertaken studies of these situations and have formulated a number of recommendations to Member States, including Poland. The author analyzed these documents and suggests that even if they are only the so-called “soft law”, the dispositions contained therein should be consistently implemented in accordance with the values of democracy, the rule of law and the protection of human rights. Full implementation of these recommendations by Poland is necessary to improve its image among democratic European countries.
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