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Poland: UODO provides comments on draft Electronic Communications Act

On June 17, 2024, the Polish data protection authority (UODO) announced that it had provided comments on the draft Electronic Communications Act. The UODO highlighted that the method of retention and sharing telecommunications data is inconsistent with the case law of the Court of Justice of the European Union (CJEU). The UODO presented the two comments as follows:

  • the drafters of the draft Act did not conduct a privacy test while creating the law; and
  • the draft Act duplicates efforts from the Telecommunications Law that concern the retention model and sharing of user data with authorized entities.

The UODO recommended that the retention period of one year for data on connections required to be kept by telecommunications entrepreneurs should be specified in the draft Act.

Additionally, the UODO noted that the undifferentiated and unconditional collection of data about all users is not consistent with the Charter of Fundamental Rights of the European Union nor the principles within the General Data Protection Regulation (GDPR). The UODO stated that this current method is inconsistent with relevant rulings issued by the CJEU after the adoption of the Telecommunications Law.

You can read the press release here, and read the draft Act and track its progress here, both only available in Polish.