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.

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.

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.

Have the Polish authorities been aware of the PRISM program operated by US security services and have they discovered violations of the Polish law? Is the Polish prosecution going to investigate the matter?