On 11 September 2014 digital right activists and advocates around the world commemorated the anniversary of 9/11 terrorist attacks on the WTC as the Freedom not Fear Day.

On June 4, 2014, one day before the anniversary of the Snowden revelations, Poland celebrates 25 years since the fall of an authoritarian regime. On this occasion, President Obama is visiting Poland and meeting with many heads of states—including officials who were affected by the mass surveillance scandal carried out by the NSA. Since October 2013, the Panoptykon Foundation, a Polish NGO, has tried to understand the relationship between the Polish and United States’ secret service organizations. Panoptykon believes that the Polish government, by accepting mass and pre-emptive surveillance, is reverting back to the much contested practices of the former, authoritarian regime — practices that triggered the revolution 25 years ago. Thus, the NGO has organized a user-generated campaign for June 4, urging people to welcome President Obama to Poland by vocalizing their thoughts on mass surveillance.

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.

On 27 September the hearing was held at the European Court of Human Rights, following the application against Poland lodged by activists from Poland’s Panoptykon Foundation and Helsinki Foundation for Human Rights, joined by a human rights attorney. The group alleges that the state violated their right to privacy by allowing the intelligence agencies to act beyond scrutiny. Their case has been supported by the United Nations special rapporteur, Polish Ombudsman and the European Criminal Bar Association, attending the Strasbourg hearing as well.

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.