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. The article also includes thoughts based on the judgment of the Constitutional Court of the Republic of South Africa in case AmaBhungane Centre for Journalism NPC and Another.