»[Update #4] Amendment to the Police Act and controversy regarding the changes introduced -Dzieńcznik.pl ---

Using the inter -Christmas period and less attention of citizens, PiS submitted a parliamentary project (i.e. one that does not require social consultations) of the amendment to the Police Act.Today his first reading took place in the Sejm (a stormy relationship can be read here).The changes are almost identical to the changes he wanted (but did not manage to introduce) PO, but unfortunately PiS MPs have added new and controversial provisions that dangerously increase the possibilities of services in obtaining information without the consent of the court about what Poles do on the Internet.These changes are appalled M.in.Experts from the Panoptykon Foundation.

Polish services are not controlled ... and they will not

At the outset, let us point out that currently the services have direct and unlimited and immediate possibility of obtaining billing data from telecommunications operators.These companies are appointed appropriate cells for this purpose, mostly created from retired or still active service officers.Perhaps that is why Poland has broken the record among European countries in recent years when it comes to the number of applications of DOT.obtaining data:

Poland is a leader in terms of obtaining data from operators, photo.Facts of TVN

This problem was noticed by the Constitutional Tribunal, and on the occasion of analyzing the amendment to the PO-PSL Act, he ordered

The draft amendment to the Act according to PiS ignored the above ruling of the Constitutional Tribunal and additionally introduced the following controversial changes:

What will be possible without the Court's consent in accordance with the PiS project (photo.TV facts)

and above all:

PiS has added a record enabling surveillance of citizens on the Internet

As of today, the services may obtain data under the Telecommunications Law.PiS, however, wants the services to be able to obtain the data specified in the Act on the provision of electronic services (Art.18), i.e.

The term "data on the scope of each time of using the service" and "information on the use of services provided electronically" raises concern especially.It is not entirely clear what is hidden under them - experts have different interpretations in this respect.We recommend here M.in.A conversation at DD TVN, in which Piotr Niemczyk, former head of UOP and Wojciech Klicki from the Panoptykon Foundation (by the way, here is a wider position of Panoptykon in this matter).

Ministry of Interior and Administration: This is not a widening but a limitation of services!

The Ministry of Interior and Administration reassures that the new law is really limiting the possibilities of services, not an increase.Minister Mariusz Blaszczak also explains that the act is needed because in 2016 there are important events in front of Poland such as the NATO's Source Days and NATO summit, and therefore

Niestety, jak pokazują wydarzenia w Paryżu, inwigilacja nie rozwiązuje problemu terroryzmu — polecamy opowieść o tym, jak francuska policja namierzyła kryjówkę zamachowców z Paryża i artykuł o tym, że dlaczego terroryści też chodzą w jeansach.

Interestingly, Anna Streżyńska, the Minister of Digitization in the PiS government, announced that the bill received only on Monday and by the end of the week, together with experts, it will be analyzed to work out to work out a position that will "balance protected good safety and freedom".

In other countries, billing data is basically reached only in the case of serious crimes and this is controlled.As Ewa Siedlecka notes, unlike Poland, surveillance in the US is treated as a search and therefore requires the consent of the prosecutor.

And finally, traditionally for those who believe that the acquisition of metadata by the services is not a problem, we remind our article from a year ago:

Metadane - Slide with EFF presentation at 30C3

... and a show of possibilities of what could be done in the PRL based on metadata telephone connections.

What to do, how to live if it comes into force?

The new regulations will enter into force on February 7, 2016.Looking at how the current government willingly takes into account the criticism of the laws he proposes, there is no hope that they will be alleviated (PiS has a majority in the Sejm).Therefore, we offer the necessary minimum:

... and if someone is also afraid of "tracking" outside the computer, GSM jacket and artificial mustache are at very affordable prices.Pursuit is best lost in a crowd with a few outputs, and how to check if you have an observation (so -called."Tail") teaches every spy book :)

PS.If any of the readers intends to use the argument in the comments that "if someone does not commit a crime, they do not have to worry about anything" or that "encryption should be prohibited, because decent people have nothing to hide", then we ask you to at the endThe statements immediately gave the password to his e-mail box.We only promise to review the correspondence.

31.12.2015, 11:00."Legal" Trojan installation.

3.1.2016, 13: 00 Objective reservations as to the amendment to the Police Act also has a citizenship - this is his statement.

The Helsinki Foundation for Human Rights and the Supreme Bar Council also beat the alarm.

Update 5.1.2016, the Sejm Analysis Office recognized the draft amendment to disagreement with European Union law.GIODO and the National Chamber of Legal Advisers also have reservations.

Update 7.1.2016 DS.Digitization, an opinion-making and advisory authority operating at the Ministry of Digitization, also raises reservations as to the provisions in the amendment to the Police Act and expresses anxiety in connection with the non-confirming procedure procedure of this Act.

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