Five years ago data retention directive was adopted, introducing mandatory retention of the telecommunications of all citizens and resident of European Union. Since that time privacy movement against data retention in many European states has risen, national constitutional courts in Romania, Czech Republic and Germany have declared data retention laws illegal and case against directive is pending before the Court of Justice of the European Union. Civil society representatives, including Katarzyna Szymielewicz (Panoptykon Foundation), discuss problems regarding data retention directive, its evaluation and actions taken and needed to be taken to change European law in accordance with human rights.

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.

Before Snowden’s revelations we had known about FISA – law that mandates big companies to cooperate with U.S. intelligence agencies and revealed data about us, but we have not been aware of the scale and the depth of that surveillance. On the basis of this new information about NSA’s mass surveillance programs, Panoptykon Foundation tried to better understand how law enforcement and intelligence agencies in Poland can access data of Internet users and thus bring more transparency in this area. Katarzyna Szymielewicz presents main conclusions from this research.

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.