The Polish digital rights group Panoptykon Foundation recently published harrowing findings regarding abuses of Poland’s mandatory data retention law. Using a Freedom of Information Act request, Panoptykon obtained documents that reveal that in 2011, Polish authorities requested users’ traffic data retained by telcos and ISPs over 1.85 million times — half a million times more than in 2010. These findings underscore fundamental flaws in the Polish mandatory data retention law that was fast-tracked in legislation without public debate in 2009.

This paper is aims to give a brief overview of the following issues: (i) Polish data retention regime and its drawbacks; (ii) the use of data retention in practice and available
data on the subject; (iii) campaign run by the Panoptykon Foundation over last two years; and (iv) political shifts that occurred in Poland.

"All indications are that the attack on the editorial offices of satirical magazine Charlie Hebdo will provide a pretext for the introduction of further limits on our civil liberties - a new order the victims of which are unlikely to be terrorists … Independent analyses confirm that data inflation and the growing use of algorithms in intelligence work do not improve the effectiveness of threat detection.

Technology has changed and keeps dramatically changing our everyday life by transforming the human species to advanced networked societies. To celebrate this digital revolution, 17 May is dedicated to the “World Telecommunication and Information Society Day” (WTISD-17).

Data retention obligation will not be further extended in Polish law on electronic communication. However, the current, unlawful scope of telecommunication data retention remains unchanged. Our advocacy effort proved successful.