A draft amendment to the Police Act and several acts on special services is currently being discussed in the lower chamber of Parliament. It is intended that the amendment will enter into force on 7 February 2016 when the current regulation will be repealed by the verdict of the Constitutional Tribunal. However, due to the untypically speedy nature of parliamentary work following the recent elections and change of government in Poland, it could even be enacted and entered into force from one day to the next (without any waiting period). Following the amendment the police will be entitled to obtain telecommunications, postal and internet data without the consent or even the knowledge of the data subject (including entrepreneurs). The prerequisite for this is very general, because the police will be able to collect such data every time: (a) they recognize, prevent, combat or detect any criminal offences or (b) they obtain or record the proof of any criminal offences. Analogous rights will be granted to several special services agencies, including border guards, the customs service, the military police, the Central Anticorruption Bureau (CBA), the Foreign Intelligence Agency (AW), the Internal Security Agency (ABW), the Military Counterintelligence Service (SKW) and the Military Intelligence Service (SW). It is likely that the scope of invigilation in Poland will resemble the Patriot Act (US). In some fields the Polish act will go even further than American. The Patriot Act fought with the terrorism but the Polish act will fight with all crimes - also those which are not serious - therefore it may give rise to abuses. Every 6 months the police will provide the court with a statistical report, including the number of cases wherein such data was obtained. Such information will contain only raw numbers and will be provided a long time after such operational and exploratory activities took place, which means the control of the court will be totally illusory. Some telecommunications data, such as the address (city, street) of the caller, will be not controlled by the court at all. What is more, the data subject whose data was collected by the police or special services will never be aware of this fact - even when such operational and exploratory activities end. The amendment, if it enters into force in the current wording, is likely to breach European Union Law. According to Digital Rights Ireland (C-293/12 & C-594/12), issued by the European Court of Justice, only serious criminal offences justify interference in the right to privacy (art. 7 "Respect for private and family life" and art. 8 "Protection of personal data" of the Charter of Fundamental Rights of the European Union). What is more, due to this verdict the access to the data shall depend on a prior review carried out by a court or by an independent administrative body. The post-control model, as it is in the draft, is not permissible. This amendment will also have an impact on service providers. The service providers which supply services by electronic means of communication shall disclose data to the state authorities free of charge for the purposes of the proceedings conducted by these authorities, which may create a significant burden for all service providers, including small ones. For more information, please contact Radosław Nożykowski or Wiktor Krzymowski.