Niezależna kontrola udostępniania danych telekomunikacyjnych

• Authors: Jan Podkowik

Title variants

EN

Independent Supervision over Disclosing Telecommunications Data

• Languages of publication: PL

Abstracts

EN

The article discusses a problem of independent supervision over disclosing telecommunications data after the judgment of the Constitutional Tribunal of 30 July 2014, K 23/11. The Tribunal stated in the judgment that legal provisions authorizing the police and intelligence services to access the telecommunications data retained by private entities disproportionately interfere with the right to privacy (article 47) and secrecy of communication (article 49 of the Constitution) by the fact that they do not provide for any independent and external control over disclosing such data. The Constitutional Tribunal decided to defer the date on which the unconstitutional provisions would cease to have effect. Therefore, it gives the legislature time to adapt the regulation to the constitutional requirements. In the article, it is considered what “independent supervision” could mean and what would be its scope. By referring to the case law of the international bodies for the protection of human rights, it is considered which state body should be empowered to exercise such supervision and how it should be managed.

• Publisher: Kancelaria Prezesa Rady Ministrów
• Journal: Przegląd Legislacyjny
• Year: 2015
• Issue: PL 2(92)
• Pages: 23-40

Contributors

author

Jan Podkowik

• Uniwersytet Jagielloński – Jagiellonian University
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