On May 28, 2024, the European Court of Human Rights delivered a landmark judgment declaring that the secret surveillance and data retention practices under Poland’s Anti-Terrorism Act violate citizens’ right to privacy. This case was brought forward by the Panoptykon Foundation, the Helsinki Foundation for Human Rights, and advocate Mikołaj Pietrzak, a valued member of our LEAP Network.
The Court emphasised the necessity for robust judicial oversight and stringent safeguards to protect the privacy of individuals under surveillance.
Fair Trials, in its amicus curiae brief, argued that the Polish legislation fails to provide adequate protections against the misuse of surveillance, particularly regarding individuals deprived of their liberty under terrorism-related investigations and during the Covid-19 crisis. We stressed the importance of prior and post-surveillance judicial oversight and the need for a clear, predictable legal framework to safeguard lawyer-client communications.
This judgment underscores the critical need for transparency and accountability in surveillance practices. We commend the efforts of Wojciech Klicki, Katarzyna Szymielewicz, Dominika Bychawska-Siniarska, Barbara Grabowska-Moroz, and Mikołaj Pietrzak, whose dedication has led to this significant victory. We look forward to continuing our work with the LEAP Network and other partners to uphold fundamental rights across Europe.
