The European Union Court of Justice (CJEU) ruling of 13 June 2024 on case C-229/23 HYA and others emphasizes the need for changes in the rules for state authorities to apply operational control of telecommunication data. The need for Polish law to comply with European standards as a result of the ruling was again highlighted by the President of the Personal Data Protection Office (PDPO).
The President of the PDPO presented his position in response to a question from the Minister for European Union Affairs in the Prime Minister’s Office, Adam Szłapka. Minister Szłapka highlighted the fact that according to European law standards, each court ruling allowing operational control of telecommunication data must contain a written justification. Currently, under Polish law, an application for operational control must be justified, however, the court issuing an order for such control is not obliged to justify it.
This model of operation control of telecommunications data in Poland is inconsistent with European basic rights protection standards, including the right to privacy. The President of PDPO in his communication to the authorities stresses that legislative changes are necessary to ensure the compliance of Polish regulations with the requirements of European law.
Additionally, the President of PDPO reminds of the European Court of Human Rights (ECHR) ruling of 28 May 2024 on the case Pietrzak, Bychawska-Siniarska, and others against Poland (complaints No. 72038/17 and 25237/18). The ECHR stated in it that Polish law requires reforms, as the current system does not provide effective supervision over the actions of services using operational control.
In the context of these rulings, the President of PDPO appeals for urgent legislative action to adjust Polish law to European standards, which will ensure better protection of citizens’ rights and compliance with European legal norms.
Source: https://managerplus.pl/uodo-wyrok-tsue-wymusza-reforme-kontroli-operacyjnej-danych-telekomunikacyjnych-96622
