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.

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 European Court of Human Rights demanded the Polish government to provide an explanation in the case of surveillance by intelligence agencies.

“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.

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.