Data Retention Amid the Erosion of the Constitutional Order: The Case of Poland

The Chapter explores the rule of law crisis Poland has been facing since the victory of the PiS party in the 2015 elections. Despite heavy criticism from both national and international experts and expert bodies on democracy, many controversial legislative reforms have been passed, considerably undermining the principle of the rule of law. In these circumstances, the regulatory developments and uncontested practices concerning the retention of telecommunication data, which date back to the governments of other political forces preceding PiS, might have passed unheeded. Their significance may seem limited in light of the Pegasus scandal and the gravity of the dismantlement of the constitutional order in areas such as the judiciary, freedom of expression, or protection of the rights of minorities. Yet, this contribution shows that the discussion on data retention, albeit overshadowed by many other severe abuses of power, is not trivial and that the concerns it raises show their true colours exactly when democracy and the rule of law are in danger.