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“This is because the Polish legal system does not allow the use of programs in which acquired operational data is transferred through transmission channels uncontrolled by the relevant services, as this creates the risk of violating its integrity and does not ensure its confidentiality, as required by law.”

The commission also concluded that the Polish government used Pegasus to retaliate against opposition figures, and that these surveillance operations negatively influenced the 2019 elections in the country.

John Scott-Railton, a senior researcher at the internet watchdog Citizen Lab who has been investigating NSO and its customers’ abuses for years, said the fact that a European country’s government body reached these conclusions is significant because it shows there are serious problems with the use of government spyware in democratic countries too, and not just repressive regimes.

But what this report basically says is, look, when Pegasus is sold to democracies, it can cause great harm to core democratic processes like elections,” Scott-Railton told TechCrunch.

Since 2016, Citizen Lab and Amnesty International have published multiple reports highlighting the abuse of NSO’s hacking tools in countries such as the United Arab Emirates, Saudi Arabia and Mexico, among many others.

From NSO’s perspective, according to Scott-Railton, Europe has always been a good market because the company could point to it and say their tools are not abused there, given those countries’ reputations.

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