Polish government’s proposal for a new law on “protecting free speech of social media users” introduces data retention, a new, questionable definition of “unlawful content”, and an oversight body (Free Speech Council) that is likely to be politically compromised. In this context, “Surveillance and Censorship Act” would be a more accurate name.

The European Court of Human Rights demanded the Polish government to provide an explanation in the case of surveillance by intelligence agencies.

Between 15th-19th of September, in the week leading up the first year anniversary of the 13 Necessary and Proportionate Principles, Panoptykon Foundation and the coalition behind the 13 Principles will be conducting a week of action explaining some of the 13 guiding principles for surveillance law reform. Every day, we'll take on a different part of the principles, exploring what’s at stake and what we need to do to bring intelligence agencies and the police back under the rule of law.

The report looks at what happens at the interface of Internet service providers and public authorities in Poland. Who sends requests for users data, how many and for what purpose, what legal procedures are followed and what safeguards apply. During our research we analysed legal provisions and collected data from both major Internet service providers and public authorities. On that basis we were able to identify several systemic problems that should be solved in order to ensure adequate standard of protection for individuals.

Access of the law enforcement agencies and secret services upon more or less formal warrants and request do not cover the whole problem of the online surveillance. More and more date is available out there without any warrants – just to read, take and process. It is the situation, when the data that we all publish online, with more or less awareness of the consequences, is used by authorities mention above for whatever purposes. How purpose limitation could possibly be used to limit open source surveillance? To what extent privacy settings that by default enable or enhance making data public help in conducting this type of surveillance? How open source surveillance might influence individual?