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.

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.

Every year more and more public money is invested in surveillance technologies – everything from drones and video surveillance to data mining software for public administration. Recently, the Polish government announced a new programme of co-financing surveillance cameras in the schools.

Panoptykon Foundation co-signed the open letter to the European Commision, regarding the situation in Poland, in which we express our concern with the legislative changes in Poland, that began with undermining with the legitimacy of the Constitutional Tribunal, but went much further, affecting the full scope of fundamental rights of Polish citizens. Amnesty International, FIDH (International Federation for Human Rights), Human Rights Watch, Open Society European Policy Institute, Reporters without Borders and other Polish and international NGOs were among the signees of the letters.