The government is working on regulations that will extend the obligation to provide our telecommunication data at the request of authorized entities. It’s about phone calls, emails, chats and conversational content in messengers like Messenger or What is it. The authorities do so knowing that such laws do not comply with EU regulations.
Who did we contact and where were we at that time? You will know
We are talking about the Electronic Communications Bill, which will replace the existing one telecommunications law. On that basis, the state will get access to information such as the user, the entity making the call, the date and time of the call, the type of call, the location of the device or the duration of the call. The detailed catalog of data will be regulated in regulations, which are unconstitutional. Data will be stored for 12 months – “Dziennik Gazeta Prawna” reports.
At the request of the head of the Ministry of National Defense and the coordinating minister of secret services, the catalog of entities covered by the obligation to store and disclose data was extended. These obligations will apply not only to telecommunications service providers, but also to other entities that provide interpersonal communication services in a non-number manner. This is about service provider e-mail, companies that offer chat or messenger.
This data will be available for police, ABW, SG, KAS, CBA or SOP. The draft regulation also includes a provision that data must be made available to “competent authorities, as well as to courts and prosecutors’ offices”, in a manner specified in a separate regulation, according to executive regulatory requirements. . What does that mean competence transfer to the regulatory level? If so, that would also be unconstitutional. We are here dealing with “empty provisions, which will be filled with content only at the executive action level” – writes the DGP.
Regulations do not comply with EU law
The government knows that the proposed regulations are not in accordance with EU law. CJEU jurisprudence has been clear on this issue for many years. As we read in DGP, Mrthis is confirmed by the opinion sent to the Sejm, which was prepared by the Undersecretary for Foreign Affairs in the Chancellery of the Prime Minister of the European Union, Karolina Rudzińska: “Universal and undifferentiated data retention obligations regarding the use of electronic communication services by Member States have consistently been considered by CJEU to be inconsistent with EU law. This has been decided in some cases regarding e.g. French, Belgian and German regulations.
– This change will drastically increase the amount of data to which the service does not control access. It is enough to recall the Pegazus scandal to illustrate the scale of possible violations. In addition, it is not entirely clear which employers and what data they have to store, because the slogan “interpersonal communication services that do not use numbers” can cover many different services – notes Wojciech Klicki, a lawyer from the Panoptykon Foundation.
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