The New Polish Surveillance Act – Back Door For Law Enforcement

While US mass surveillance is heavily debated across Europe, the new Polish government swiftly moved to adopt a new set of laws which allow Polish law enforcement authorities extensive access to electronic communications. The new law, generally known as the "Surveillance Act", came into effect on February 7, 2016.

Who are caught by new rules?

The new law applies mostly to domestic service providers, however due to the lack of clarity of the provisions, it is still unclear whether foreign service providers will be caught as well. Much will depend on the interpretation of the law enforcement authorities.

Main highlights:

• The "uniformed" enforcement authorities (e.g. Polish Police, Intelligence Agency, tax intelligence services etc.) will now have increased rights of access to digital data.