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Constitutional rights and freedoms in the face of new surveillance systems


Brylak-Hudyma, Kamila

Subject and Keywords:

Pegasus   national security   right to privacy   surveillance   cybersecurity


Inny tyt. : Kwartalnik Naukowy Prawo Mediów Elektronicznych


Ubiquitous technological development and mass computerization necessarily affect not only the dailiness of the citizens but alsothe availability of new surveillance techniques. The dynamic development of these new technologies makes the legislation ofcountries seem to be lagging behind the introduction of appropriate legal regulations that would protect the fundamental rightsand freedoms of citizens against unauthorized control. According to media reports, one of the surveillance systems – Pegasuswas purchased by the Central Anticorruption Bureau. This software is extremely hard to detect by the user whose hardwarehas been infected. In addition, if Pegasus is found on the device, it is self-destructed and any traces of its presence are deleted.This means that the citizen may be controlled and does not know about it. Therefore, some doubts have arisen regarding thepossible legal basis for the use of spying systems by the state authorities. The present article analyses the applicable legislationin the context of the hypothetical power of the authorities to control citizens by using systems such as Pegasus and indicatesthe risks that the use of Pegasus may cause. The author tries to value and compare the civil rights and freedoms guaranteedby the Constitution and international law with the interest and security of the state, which would be the basis for such control.

Place of publishing:



Wydawnictwo C.H. Beck


Gołaczyński, Jacek. Red.   Adamski, Andrzej. Rec.   Balogh, Zsolt. Rec.   Cieślak, Sławomir. Rec.   Flaga-Gieruszyńska, Kinga. Rec.   Górecki, Jacek. Rec.   Kilian, Wolfgang. Rec.   Markiewicz, Ryszard. Rec.   Świerczyński, Marek. Rec.   Warner, Richard. Rec.   Zgryzek, Kazimierz. Rec.

Date issued:


Detailed Type:

czasopismo online


ISSN 2082-100X




Prawo Mediów Elektronicznych, ISSN 2082-100X. 2020, 2 s. 12-19

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Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

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