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.

Anna Buchta (EDPS), Gwendal Le Grand (CNIL), Paul Nemitz (European Commission), Katarzyna Szymielewicz (Panoptykon Foundation) and James Leaton-Grey (BBC) discuss CJEU Google Spain and UPC Telekabel decisions and their implementation implications for rights to privacy and freedom to expression in Europe, as well as safeguards, processes and mechanism to protect human rights online.

Glenn Carle (Former Deputy National Intelligence Officerfor Transnational Threats at the CIA), Katarzyna Szymielewicz (President of the Panoptykon Foundation) and Robert Pritchard (Associate Fellow at the Royal United Services Institute and Founder of The Cyber Security Expert) comment on US debates on private and state internet surveillance.

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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.

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.