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.

A case study examined by Panoptykon Foundation and showcased by the Financial Times, demonstrates how Facebook uses algorithms to deliver personalised ads that may exploit users’ mental vulnerabilities. The experiment shows that users are unable to get rid of disturbing content: disabling sensitive interests in ad settings limits targeting options for advertisers, but does not affect Facebook’s own profiling and ad delivery practices. While much has been written about the disinformation and risks to democracy generated by social media’s data-hungry algorithms, the threat to people’s mental health has not yet received enough attention.

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.

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.