“Register your prepaid and get free calls/Internet transfer/win a car” – you can hear from Polish telecom operators, as a reminder and encouragement that all pre-paid SIM cards have to be registered by 1st of February 2017. One could almost think that this is just nicely coordinated campaign of leading telecoms, aimed at collecting a bit more data about their clients in exchange for a bonus. Nothing new under the sun in the data-driven world? Well, not exactly. A real stake in this data collection effort is to increase control over all users of telecommunication networks in Poland, with particular focus on foreigners. The demand for more data, this time, came not from the market but directly from the policing arm of the state.

On 22 June, Polish president signed a new anti-terrorism law. The law contains measures that are inconsistent with the Polish Constitution and with the European Convention on Human Rights. The list of controversies is long: foreigners’ phone calls might be wire-tapped without a court order, and police might collect their fingerprints, biometric photos and DNA if their identity is “doubtful”. Online content might be blocked, citizens' freedom of assembly limited, and secret services are given free access to all public databases.

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.

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.