The first court hearing in the case between a Polish NGO and Meta took place before the Warsaw District Court on 7 February 2023. The hearing was conducted almost four years after the organisation sued the internet giant for deleting its accounts and groups  without a prior warning or an explanation.

Data-driven technologies are not neutral. A decision to collect, analyse and process specific kind of information is structured and motivated by social, economic and political factors. Those data operations may not only violate the right to privacy but also lead to discrimination and oppression of socially marginalised communities. Discriminatory data processes and algorithms are a massive challenge for the modern human rights movement that requires non-standard solutions. The report “Between Anti-discrimination and Data” – tries to shed light on this problem from the perspective of European civil society organisations.

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.

By blocking the accounts and groups of Społeczna Inicjatywa Narkopolityki (SIN, the Civil Society Drug Policy Initiative), Meta has infringed on the organization’s personal rights. On Wednesday, a Polish court issued a watershed decision in a case supported by the Panoptykon Foundation, thereby confirming that Internet platforms cannot block users at will. The court also confirmed that banned users have the right to sue in their own country.