Poland’s Ombudsman is pushing for reforms to limit government surveillance of citizens’ digital lives, demanding transparency and judicial oversight.
Changes to Data Access Rules Proposed
Current Polish law allows authorities to broadly collect telecommunications data – including call logs, location history, and IP addresses – without individuals’ knowledge. This system creates a form of “soft surveillance,” where citizens are unaware of when their digital activity is being monitored.
The proposed changes aim to end the practice of treating every citizen as a potential suspect and to establish greater external control over data collection.
Notification of Data Access
A key proposal is a mechanism to notify citizens when their data has been accessed by authorities. Individuals would receive this notification one or two years after the data collection concludes, allowing them to verify the justification for the intrusion and pursue legal recourse if necessary.
Judicial Oversight of Sensitive Data
The reforms would require independent judicial approval before authorities can access the most sensitive data. Currently, authorities often access transmission and location data without prior consent, increasing the risk of abuse. The proposed system would necessitate demonstrating to a judge that accessing the information is essential for an investigation.
Restrictions on Use of Data for Minor Offenses
The changes would limit the use of telecommunications data to investigations involving serious crimes – those punishable by at least three years in prison – or specific cybercrimes. This would prevent data access for minor infractions or matters of little social significance, protecting citizens’ privacy.
Principle of Subsidiarity and Protection of Professional Secrets
Authorities would only be able to access data from a citizen’s phone when other, less invasive methods have proven ineffective. The reforms also aim to better protect privileged communications, such as those between journalists and their sources, or lawyers and their clients, which are fundamental to a democratic state.
Response to European Court Rulings
The Ombudsman’s proposals are a response to rulings from European courts, including a significant case brought before the ECHR (European Court of Human Rights) concerning Poland. While the Ministry of Justice has expressed willingness to cooperate, the final form of the legislation will depend on agreement between multiple government departments.