ABSTRACT

The chapter presents Poland’s surveillance policy after 2013. The domination of secrecy in this area is a systemic and institutional challenge. Since 1990, there has been no comprehensive reform of transparency, and the construction of modern intelligence services has not been completed in Poland. There is a lack of response to contemporary challenges, including the development of information technologies and international cooperation with other countries’ services, as well as others related to Snowden’s revelations. On the contrary, security services enjoy increasingly extensive surveillance powers. This chapter is structured as follows: the first part will present significant legislative changes in surveillance after 2013; the second part will describe institutional and administrative arrangements that should ensure a balance between secrecy and transparency, and therefore the successful governance of surveillance; the third part will show the Constitutional Tribunal’s balancing role before 2016 and its limited role ever since.