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.

Why do we need the data protection reform? How to protect right to personal data in new digital age? Could new, more harmonized law lead to better and more up-to-date protection? Katarzyna Szymielewicz (Panoptykon Foundation), Kirsten Fiedler (European Digital Rights) and Jan Albrecht (member of the European Parliament) discuss main problematic issues in current data protection framework (based on data protection directive from 1995) and solutions proposed by civil society and European Commission for the new regulation.

Do we really need data protection in this world? Katarzyna Szymielewicz (Panoptykon Foundation) and Jérémie Zimmermann (La Quadrature du Net) talk about usage of data collected in Internet by private companies and changes that new data protection regulation could bring, including explicit consent for data processing as a rule, information about data processing presented in clear manner, regulation of profiling and privacy by default concept.

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.

Videos from the Computers, Privacy & Data Protection 2017: The Age of the Intelligent Machines are already available (featuring Katarzyna Szymielewicz, the Panoptykon Foundation president).