On 7 May 2019 Spoleczna Inicjatywa Narkopolityki (Civil Society Drug Policy Initiative, “SIN”), supported by the Panoptykon Foundation, filed a lawsuit against Facebook in a strategic litigation aimed at fighting private censorship on the Internet. Online platforms act as the ‘gatekeepers’ to online expression, thus gaining tremendous power over the information circulated on the Internet – power which they wield without an adequate accountability or responsibility. Moderation is necessary to fight illegal, harmful content but unfortunately perfectly legal and socially valuable materials often fall prey to it.  We hope that our lawsuit against Facebook will help change this.

The District Court in Warsaw, in its interim measures ruling, has temporarily prohibited Facebook from removing fanpages, profiles and groups run by SIN (a Polish NGO) on Facebook and Instagram, as well as from blocking individual posts. This means that – at least until the case is decided – SIN’s activists may carry out their drug education without concerns that they will suddenly lose the possibility to communicate with their audience. The court has furthermore obliged Facebook to store profiles, fanpages and groups deleted in 2018 and 2019 so that – if SIN wins the case eventually – they can be restored together with the entire published content, comments by other users, as well as followers and people who liked the fanpages. This is not the only good news: the court has also confirmed that Polish users can enforce their rights against the tech giant in Poland. The court’s decision is not final – after the delivery of the decision, Facebook Ireland will have the right to appeal it with the Appeal Court.

Let us introduce you to GDPR Today – your online hub for staying tuned to the (real) life of EU data protection law. Every two months we will be publishing statistics showing how the GDPR is being applied across Europe. More often we will be sharing relevant news – from legal guidelines and decisions to data breaches, new codes of conduct, important business developments, and memes.

Thanks to Panoptykon’s initiative bank customers in Poland will have the right to receive explanation of their creditworthiness. It’s the first right of this kind in Europe and a higher standard than the one envisioned in the GDPR.

“Register your prepaid and get free calls/Internet transfer/win a car” – you can hear from Polish telecom operators, as a reminder and encouragement that all pre-paid SIM cards have to be registered by 1st of February 2017. One could almost think that this is just nicely coordinated campaign of leading telecoms, aimed at collecting a bit more data about their clients in exchange for a bonus. Nothing new under the sun in the data-driven world? Well, not exactly. A real stake in this data collection effort is to increase control over all users of telecommunication networks in Poland, with particular focus on foreigners. The demand for more data, this time, came not from the market but directly from the policing arm of the state.