privacy

  • Data retention as a counter-terrorism instrument. The analysis in the context of civil rights protection

    Author: Joanna Trela-Zielińska
    Institution: University of Szczecin
    Year of publication: 2017
    Source: Show
    Pages: 141-153
    DOI Address: https://doi.org/10.15804/rop201709
    PDF: rop/2017/rop201709.pdf

      The article analyses the legitimacy of citizens telecommunications data retention usage in the fight against terrorism. Data retention, that is the preventive storage of information on the source, data, hour and duration of a connection, type of the connection, communication tool and location of a recipient, is a powerful source of knowledge about citizens and their use should be soundly justified. However, both the European Union and Polish practices show that behind this interference in privacy there is neither a guarantee that the data stored would be used exclusively to fight terrorism and severe crimes, nor a sufficient access control mechanism. The efficiency of data use in the fight against organized crimes, including terrorism, is also dubious.
      In her work the author analyses Polish studies concerning information disclosure issues, Internet publications of the European Union and American reports on retention programmes, as well as Polish and foreign positions of non-governmental organizations engaged in the civil rights protection in this respect.

  • Polityka antyterrorystyczna jako dylemat demokracji liberalnej

    Author: dr Marek Górka
    Institution: Politechnika Koszalińska
    Year of publication: 2017
    Source: Show
    Pages: 62-89
    DOI Address: https://doi.org/10.15804/siip201704
    PDF: siip/16/siip1604.pdf

    Anti-terrorism policy as a dilemma of liberal democracy

    Terrorism is harmful to democratic governments and societies. In addition to the visible and the direct effects of attacks on bystanders, aim bombers are undermining democratic values, including the weakening of confidence in state institutions and laws that regulate their functioning. As a result of the use of violence can permanently give birth to create a socio-political divisions, antagonize certain entities and groups, and thus provoke conflicts thus destroying the existing compromises, agreements or arrangements between the parties concerned. In matters of international terrorism it is not only a challenge for the rule of law, but because it also applies to relations between states, poses a serious threat to security and stability.

  • Constitutional Right of the Individual to Informational Autonomy in the Light of the Powers of the Police to Collect and Process Personal Data

    Author: Izabela Stańczuk
    Institution: War Studies University in Warsaw
    ORCID: https://orcid.org/0000-0003-2446-8428
    Year of publication: 2021
    Source: Show
    Pages: 439-450
    DOI Address: https://doi.org/10.15804/ppk.2021.06.35
    PDF: ppk/64/ppk6435.pdf

    The article attempts to confront the individual’s constitutional right to informational autonomy and the powers of the Police in the framework of which the service may collect and process personal data. Bearing in mind the paramount role of the Constitution of the Republic of Poland and its special importance for the sphere of rights and freedoms, the key regulations devoted to the right to privacy and the possibility of limiting informational autonomy were referred to. Treating the constitutional content as fundamental in the relationship between the individual and the state authorities, they were referred to the powers of the Police based on which the service may legally interfere in the information sphere of the individual. It was also stressed that the multiplicity of powers and the expansion of their catalog make it necessary to pay more attention to applying the proportionality mechanism.

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