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Polish prosecutors say NSO Group retained technical access to Pegasus infrastructure used by Poland’s former government, including a server module that infected phones and systems through which surveillance data moved. That finding shows the manufacturer could reach material from operations, but investigators have not established that NSO actually opened or copied files from any particular Polish surveillance operation.
What Polish investigators found
Forensic experts from Poland’s Internal Security Agency (ABW) examined the Pegasus deployment operated by the Central Anti-Corruption Bureau (CBA). Their findings indicate that the CBA did not have complete control of the system it had purchased.
- The server module responsible for infecting mobile devices remained under the manufacturer’s exclusive control, according to the prosecutors’ account.
- The CBA did not possess passwords for some administrative accounts.
- Some system components remained under NSO’s control rather than being fully administered by Polish officials.
- Data left Polish territory through servers in different parts of the world and a network managed by NSO.
Prosecutors therefore described NSO as having “technical access to materials from operational surveillance.” In this context, technical access means the architecture and credentials could have enabled the company to reach surveillance material. It is not the same as evidence that NSO employees actually viewed, downloaded or retained a specific victim’s files.
Access that was possible versus access that was proved
| Question | What the findings establish | What they do not establish |
|---|---|---|
| Could NSO reach the Pegasus environment? | Yes. Parts of the infrastructure, accounts and network remained under the manufacturer’s control. | They do not prove that NSO used that access to inspect a particular operation. |
| Did Polish authorities control every component? | No. The infection server and other elements were not exclusively controlled by the CBA. | The reporting does not quantify how often NSO personnel connected to the system. |
| Did investigators identify files viewed by NSO? | No such operation-specific access has been established in the cited findings. | It is not established that NSO opened victims’ messages, photos or other files. |
What Pegasus could collect from a phone
The capability description cited by prosecutors covers far more than traditional call interception. Once a device was compromised, Pegasus could harvest:
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- Browsing history, calendars and contact lists
- Photos, videos and other files
- Location information
The system could also activate a phone’s microphone and cameras to record audio or video in real time, take screenshots and collect information already stored on the device. Those capabilities explain why authorization and disclosure questions are central to the Polish investigations: a court approving a device operation could be authorizing access to a broad digital record, not merely a narrow communications channel.
How Poland acquired and used Pegasus
Purchase under the PiS government
Poland purchased Pegasus from NSO Group in 2017, while the Law and Justice (PiS) party was in government. Reporting says the system was used against numerous targets, including political opponents. The current investigations concern how operations were approved, how the system was administered and whether officials disclosed its full capabilities to oversight bodies and courts.
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Investigations after the change of government
Donald Tusk’s coalition took power in December 2023 and began examining Pegasus use under the previous authorities. The latest reporting was published by The Record on 14 October 2026, following a detailed account by Notes from Poland on 12 October 2026.
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Tusk called the investigation “one of the biggest scandals in Polish history after the fall of communism.” He said the former authorities paid for a system that “de facto transferred all possible data on Polish citizens, Polish opposition leaders and Polish independent prosecutors…to the Israeli side.” He also described the matter as a possible “crime against the state.”
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Those statements are Tusk’s political characterizations, not a final court finding that Israeli intelligence services received Polish surveillance data. The prosecutors’ technical findings concern NSO’s ability to access the infrastructure; they do not, on their own, prove cooperation with an intelligence service or establish that the manufacturer viewed particular files.
Legal and oversight consequences
Proceedings involving former officials
The reporting describes charges or other proceedings involving several former officials connected with Pegasus approvals, procurement or disclosure of surveillance material. The cited accounts do not establish final convictions.
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Security accreditation and judicial disclosure
A parliamentary commission reported that the CBA had not obtained required information-technology security accreditation for the system. It also said courts authorizing Pegasus operations were not informed of the tool’s full capabilities. That omission matters because the system could access stored files, location data and a device’s sensors in addition to communications.
Whether an individual operation was lawful remains separate from whether NSO had technical access to the platform. The current public findings address system control and oversight failures, while the question of who actually opened material from each operation remains unresolved.
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What the findings mean for accountability
The case exposes a structural problem with outsourced surveillance: a government may pay for and direct a spyware operation while the vendor still controls critical servers, credentials or network routes. That arrangement can make domestic oversight difficult, especially when data crosses borders and administrators do not possess every password.
For Poland, the immediate questions are now operational and legal: which officials authorized deployments, what courts were told, which targets were selected, whether required security controls existed and whether any party accessed or disclosed collected material. The evidence currently supports a firm conclusion about capability—NSO retained a path into parts of the system—but not a categorical claim that NSO read the files harvested from named Polish targets.
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