PolandPrawo komunikacji elektronicznej, Secrecy of Electronic Communications
Prawo komunikacji elektronicznej art. 386 ust. 1-3 art. 387 ust. 3, art. 444 ust. 1 pkt 77 i 79 (ustawa z dnia 12 lipca 2024 r., Dz.U. 2024 poz. 1221)
In force since .
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Consent, Prohibition
As of .
What it requires
- Do not process the content of an electronic message, transmission data, location data or data on connection attempts that fall within the secrecy of electronic communications if you are neither the sender nor the recipient of the message.
- That ban does not apply where the processing is the subject of the service or necessary to perform it; takes place with the consent of the sender or recipient to whom the data relate; is necessary to record messages and related transmission data under a lawful commercial practice, to provide evidence of a commercial transaction or for communications in business activity; or is necessary for another reason that a statute or separate provision sets.
- If you have read an electronic message not meant for you by using radio or terminal equipment, keep its contents secret.
If you get it wrong
Penalty structure
Article 446(1): up to 3 percent of the entity's revenue (przychód) in the previous calendar year. Article 446(2) and (3): where that revenue was nil or no more than 500,000 zloty the fine is based on the average revenue of the three preceding calendar years, and where that period also shows no revenue or revenue of no more than 500,000 zloty the fine may not exceed 15,000 zloty.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 3
Who enforces it
Enforcement body
President of the Office of Electronic Communications (Prezes UKE), who imposes the administrative fine by decision (articles 444 and 446).
What this law does
Article 386(2) bans processing the electronic message, transmission data, location data and data on connection attempts that fall within the secrecy of electronic communications by persons other than the sender and recipient of the electronic message.
The ban does not apply where the processing is the subject of the service or necessary to perform it, takes place with the consent of the sender or recipient to whom the data relate, is necessary to record messages and related transmission data under a lawful commercial practice to provide evidence of a commercial transaction or for communications in business activity, or is necessary for other reasons provided by statute or separate provisions.
An electronic message is any information exchanged or conveyed between determined users through publicly available electronic communications services. Article 387(3) obliges a person who, using radio or terminal equipment, has read an electronic message not meant for that person to keep it secret.
Article 444(1) subjects a person who breaches the duty to keep electronic communications secret, or who processes data covered by that secrecy or users' data without a legal basis, to an administrative fine. The President of UKE imposes that fine by decision at up to 3 percent of the entity's revenue in the previous calendar year.
When LexLint raises it
When your app profile says your app records conversations or processes voice recordings.