WATCHING THE WATCHERS This publication was created with the support of: the Citizens for Democracy programme, financed through the EOG Fund

Trust for Civil Society in Central and Eastern Europe WATCHING THE WATCHERS 5 YEARS OF THE PANOPTYKON FOUNDATION WATCHING THE WATCHERS 4 CONTENTS THE PANOPTYKON FOUNDATION INNUMBERS LAUNCHING THEPANOPTYKONLAUNCHING FOUNDATION LIFE UNDERSURVEILLANCE HOW AREWEMONITORED? WE AREPROUDTO HAVE… AIMS ANDCHALLENGES AREAS OFACTIVITY INTRODUCTION SUPPORT US! pp. 22–25 pp. 20–21 pp. 15–19 pp. 11–14 pp. 8–9 pp. 6–7 pp. 26 pp. 27 pp. 10

5 YEARS OF THE PANOPTYKON FOUNDATION 5 6 I had a chance to talk with the Panoptykon Founda- tion founders at the very moment they began their work. I was a bit skeptical at first, as I had already witnessed an array of ephemeral initiatives: lots of fanfare, but lack of systematic approach and little committed, unflagging focus on shaping reality here and now. But this time my skepticism proved to be unfounded. For Panoptykon's team from the begin- ning showed consistency, systematic approach, relentlessness and patience. This approach not only ensured Panoptykon’s presence in public life, but has also earned the foundation a reputation of being more than your typical NGO and determined its successes in the struggle against the Polish surveillance state. Panoptykon warns against becoming com- placent towards the ever-new manifestations of surveillance in our daily life as well as against the THE WATCHERS WATCHING erosion of freedom – both threats arising from the combination of new technologies and the old habits of those in power. Panoptykon has done much to raise awareness regarding both the scale of surveillance and the need for transparency in public life (especially having revealed the scale of collecting data on citizens by the police and intel- ligence agencies). It has also brought to light the flaws and ineffectiveness of the existing legal guarantees for individuals, in particular when it comes to bulk collection of citizens' data and pre- emptive forms of surveillance, as such power is always opposed to any and all oversight.

Ewa Łętowska, the first Ombudsman, retired justice of the Constitutional Tribunal We hope this will journey. inspirational be an disclose and our our for challenges plans the future. We which of most. the we from proud failures and learned describe also theparticularly successes are we revisitas our mostsignificant efforts, In this review we explain the mission of the Panoptykon Foundation well as We invite you to take aquick look five at the past of our organization. years something guidesus in our and everyday still stands work. to knowledge, involvement determination and you change really can we follow. our changed: conviction has that not thanks everything Alas, systematic we procedures onand methods rely of standards operation, and office, we havea proper withcampaigns reinforced ourspontaneous twotofrom nine people, we have swapped in anearby café atable for grown this time our team has During powers restraints. that impose these international and of society the surveillance challenging the restraints of acouple of eventually people becoming aprofessionalorganization, the PanoptykonIn just 5years, Foundation travelled has initiative –an far INTRODUCTION

5 YEARS OF THE PANOPTYKON FOUNDATION 7 WATCHING THE WATCHERS 8 But not us. not But surveillance. of tools newer ever introduce and to justify able are decision-makers modernity, and ofsecurity banner the by waving contrary: the on – effectively us protects law the that to believe foolish be would It it. against mechanisms defense societal We have to yet develop lives. ofour areas all invades openly it monitored, to being used we get as soon as but discreetly, society? surveillance ofthe functioning the we have with concerns biggest the are What tomorrow. in live will children our which in –and today in we live society ofthe shape the for abattle about talking we are context: To wider the in it put employment). and (e.g. education lives our for fundamental are that decisions way to the the all and elections, to political choices, consumer trivial from ranges It lives. own our to determine capacity real the but value, abstract an as Not itself. freedom than less nothing is problem? the is life... of what ). So quality savings, (comfort, safety own your for that we do all, After right? to hide, have anything don’t you wrong, anything you’re doing not Since state. the or market ofthe pressure the under sometimes will, free own ofour sometimes freedoms, more up give and rights ofour more we waive ofsecurity, name the in or lives, society. surveillance the build We ourselves players. biggest to the available databases expanding –thereby ones loved our control and record we observe, watchers: to become temptation to the in give also we ourselves But to companies. faith good in we entrusted that information over takes state the and institutions, public for reserved previously areas on encroached has Business lives. our of details intimate most the store we where level the to deeper, and deeper descend efforts Their efficiently. more lives our monitor will ofwho competition the in rivals are business and state The behavior. our to monitor and decisions our to predict ability the begins: surveillance how is This traded. often and stored collected, is that ofdata set new a create afinger, we we lift time every step…Virtually every our recording phones mobile homes, intelligent media, social on shared posts cards, credit from data traces, ofdigital full Internet the cameras, CCTV and databases Countless 5. 4. 3. 2. 1.

Glib solutions: Manipulation through fear: The of illusion free choice: Discrimination and the “margin of error”: Is the expansion of surveillance a civilizational necessity that we simply must accept? Many people think so. so. think people Many accept? must we simply that necessity acivilizational ofsurveillance expansion the Is in creeps it First, life. ofour areas all pervades that apparatus surveillance the to confront unprepared We are “tranquilizers”. the on dependent more ever become and fears our we cultivate life, profiling. and data ofpersonal analysis automatic on based systems using when we take risk greater the algorithms, we trust more The asuspect? deemed Ibe Will be. will analysis ofsuch outcome the solutions. effective more flashy,though less for appropriated be otherwise might that resources absorb and problems the mask merely solutions ofthese –however, majority the problems market. exchange information the on traded commodity a become increasingly We profile. digital ofour value by the determined way are our come that opportunities the that is ever, realize not we may what conc decisions make to profiles digital our on rely increasingly companies and institutions public Nonetheless, self. real our from free itself breaks it to another, ofhands set one from passed is data such As another. after database one in “life” its and data our over Violations of privacy: privacy: of Violations In believing that we have more to gain than to lose, it is easy to submit to such manipulation. Yet what is at stake Yet stake at is what manipulation. to such to submit easy is it to lose, than to gain we have more that believing In comfortable more for opting By ofsurveillance. forms new to the oblivious remain and lulled we are not, or Willingly LIFE UNDERLIFE SURVEILLANCE we are told that thanks to the use of surveillance technologies we can easily solve complex social social complex solve easily we can technologies ofsurveillance use to the thanks that told we are with our every step being monitored, whether we desire so or not, we are losing control control losing we are not, or so we desire whether monitored, being step every our with many of us harbour the conviction that we are free to choose the way How we live. the to choose free we are that conviction the harbour ofus many deluded with promises that new tools of surveillance will bring us a long and peaceful peaceful and a long us bring will ofsurveillance tools new that promises with deluded erning us directly. us erning we have no control over how our data will be interpreted and what what and interpreted be will data our how over control we have no

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As the details of our daily lives become more trans- 9 parent to the organizations surveilling us, their own activities become less and less easy to discern.

Zygmunt Bauman, author of the theory of liquid modernity

The subtle, initially invisible, erosion of our freedom begins with small concessions. The individual leans in the direction of conformity, adapting his/her be- haviour to what's regarded as normal. […] Surveil- lance kills change, the courage to make change, the courage to behave differently. […] We are in the process of creating a society under surveillance, constantly calculating: “how do I look in the eyes of Big Brother, who is ceaselessly watching me? How will his assessment affect my professional and so- cial opportunities?”.

Irena Lipowicz, Ombudsman 5 YEARS OF THE FOUNDATION PANOPTYKON WATCHING THE WATCHERS 10

HOW ARE WE MONITORED?

5 YEARS OF THE PANOPTYKON FOUNDATION 11 The Panoptykon Foundation is young and edgy but asks urgent questions in a wise way. It takes steady nerves and serious investigation to tackle surveil- lance – one of today's most pressing ethical and political issues.

David Lyon, a leading researcher of and theoretician on society under surveillance

Panoptykon is a model example of the new type of social and civic organization. Katarzyna Szymie- lewicz, the president of the Foundation, together with her colleagues, understands that the most important tool in dealing with emerging issues is knowledge. It is not enough to claim that the prob- lems of privacy and surveillance are pivotal in the digital world. This must be demonstrated, and then passed on to the public opinion using precise and

THE WATCHERS WATCHING rational arguments. For several years I have watched as Panop- tykon has been patiently and consistently building up its resources of knowledge, developing its ex- pert skills, and learning how to effectively engage in public affairs. As a result, this organization has become an essential reference point in every de- bate on the problems and challenges of information society.

Edwin Bendyk, author and publicist doms in a surveillance society. asurveillance in doms curtailed. is surveillance that sure make and us around world the change –we can determination and commitment, to knowledge, –thanks that belief the with and ignored be not should phenomena social negative that premise the on founded was Foundation Panoptykon The them. against used be not and people serve should technologies New framework. legal the beyond nor watched are who ofthose control and awareness without applied be not should It to surveillance. limits be must there that We believe 3. 2. 1. levels: three on by operating goal this to achieve We strive

Informing and educating Watching the watchers materials, thematic studies, infographics and video materials. educational produce also We workshops. and discussions, seminars, organize on. We work wethat issues difficult the up to take them encouraging and journalists from questions answering both media, the with We cooperate blog. our and media social through newsletter, our in website, our on practices worrying and threats about form coalitions with other organizations. form and independently We operate surveillance. with connected negligence and to abuses We point changes. systemic for advocate and solutions dangerous criticize laws, draft We evaluate companies. private and authorities endeavors. further our for starting-point and base the is have. This may it consequences what and works surveillance how have to say. to understand We others try to what We listen questions. relevant ask we stubbornly and requests), (FOIA information public to access on heavily rely We research. own our conduct we and field, the in Monitoring surveillance practices Monitoring surveillance LAUNCHING THE PANOPTYKON PANOPTYKON THE LAUNCHING the watchers watching Thus, the goal we have set for ourselves is to be a guardian of human rights and free and rights human of aguardian be to is ourselves for set have we goal the Thus, – we observe the law being drafted, the law in action, and the operations of both public public ofboth operations the and action, in law the drafted, being law the –we observe – we draw attention to problems connected with surveillance in public debate. We in debate. public in surveillance with connected to problems attention –we draw FOUNDATION monitoring surveillance monitoring surveillance – we follow media reports and scientific findings, we cooperate with experts experts with cooperate we findings, scientific and reports media –we follow practices and educating informing

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5 YEARS OF THE PANOPTYKON FOUNDATION 12 WATCHING THE WATCHERS 13 of tasks. range abroad with ofdealing afraid not and once at fronts several on ofworking capable are who individuals, ergetic ofen team astrong to build was answer own Our lenge. chal major is a skills different these combining budget, modest avery with organization ofasmall case the In with: familiar fully we are that domain our in important especially is Moreover, it to: how know we must entity, professional other like every Nonetheless, profit. for work not we do and goals own our we set organization: society acivil we are that in above ofthe one any from ourselves We distinguish of: combination a resembles of work mode our fact, In fields. various from skills and features combine must Foundation Panoptykon the ofoperation, methods diverse such Given symbolize the breaking of prison walls. prison of breaking the symbolize to meant is logo our while surveillance, of side dark the about remind to meant is organization our of name the in prison perfect the symbolizing word the of presence The society. modern for aMichel metaphor as Foucault thinker French by used was and institutions penal creating in inspiration an as served design Bentham’s times. all at observed be could they know prisoners the in which a situation, creating through be achieved could effect same the that stipulated he but practice, in possible not was prisoners of monitoring uninterrupted the that convinced was Bentham moment. agiven at ing look he was direction in which know to impossible was it so invisible, tower, remained central the in place his to –due watcher –the himself guard The construction. circular the of core the marked that watchtower the in positioned guard the to visible be always would who convicts for cells into divided building a ring-shaped was His Panopticon prison. ideal an of ed his concept labell- Bentham Jeremy theorist social and philosopher 18th-century the that name the from came Foundation” “Panoptykon name the for inspiration subversive The a training company and event agency. agency. event and company a training centre, a research agency, ad an portal, a news firm, a lobbying firm, a law new solutions. technological financing. manage and secure

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three as the most important: most the as three following the We matter. see standards work, daily our In 3. 2. 1.

Openness Cooperation are asked. are we that questions the all answering patiently and Bulletin Information aPublic running reports, cial finan our we disclosing do, what on information transparently as possible, regularly publishing as to operate strive We also side. other the from surveillance knows who everyone indeed, and, munity, that companies commercialize our data com intelligence the with to talk eager We are ies. adversar ofour arguments to the to listen willing and discussion for ready also we are convictions, offinancing. sources for searching in and operations daily our in both es, challeng certain pose does it though even value, afundamental is this organization a watchdog For out. carry to mean we tasks specific the and ofoperation, methods goals, our choose selves Independence Authority, and the Supreme Audit Office). Audit Supreme the and Authority, Protection Data the Ombudsman, (the mission asimilar share that institutions public with as well as Center) Digital the and Foundation Poland ern Mod the Education, Civic for Center the Poland, dation for Human International Rights, Amnesty Foun Helsinki the (including organizations society civil many with we work Poland, in ground, home our On Gesellschaft). Digitale Club, Computer Chaos ofFreedom, Bits Net, du Quadrature La Foundation, Frontier Electronic (e.g. the countries of arange from organizations adozen than more with cooperate and coalition Rights Digital pean Euro ofthe operations to the contribute actively we why is This beyond. and organization our as designed by Jeremy Bentham Jeremy by designed as Panopticon, – while we firmly stand behind our our behind stand we firmly –while – we work as a team, both within within both ateam, as –we work

– in line with our mission, we our mission, our with line – in

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- - The Panoptykon Foundation’sThe Panoptykon photo team, by Roch Forowicz Czyżewski „Czesiek” Michał Anna Walkowiak Karolina Szczepaniak Jędrzej Niklas Klicki Wojciech Śliwowski Kamil Anna Obem Szumańska Małgorzata Szymielewicz Katarzyna – team-member since 2011 since –team-member – volunteer beginning in 2011, team-member since 2012 2011, in since beginning –volunteer team-member – team-member since 2012 since – team-member – team-member since 2013 since –team-member – cooperating since expert 2009, team-member since 2014 – volunteer beginning in 2011, team-member since 2012 2011, in since beginning – volunteer team-member – co-founder and vice-president – co-founder and president and – co-founder – team-member since 2013

5 YEARS OF THE PANOPTYKON FOUNDATION 14 WATCHING THE WATCHERS 15 mate and intensified lobbying attempts waged by both public and private entities wishing to forestall real change. real forestall to wishing entities private and public both by waged attempts stale lobbying political the intensified and against mate working of task aSisyphean face rights their safeguard to efforts for citizens' safeguards and public, the regulations new adopt to attempts Union's European the Despite beneficial. safe universally and regarded once communication of modes and technologies new by posed problems the solve to tools ef fective with us provide not do law and state the ourselves, protect to how about knowledge lack also we While private our data. involving practices intrusive of unaware mostly are we asociety, As privacy. to en threat aserious processing tails data large-scale on based is model business whose services of development and emergence The I. 5. 4. 3. 2. 1.

coaches, NGOs and students alike. students and NGOs coaches, teachers, for workshops organizing and schools at lessons out carrying toolkit”), (“Digital teachers for scenarios preparing protection, privacy online on knowledge practical –by providing We educate Agenda. Digital and ofAdministration Ministry the at group working ofthe meetings regular in participated and workshops ofexpert aseries co-hosted –we have level national the on law reforming in organization, non-profit only the as We engage, chamber. business Polish influential most the and Foundation Panoptykon ofthe statement joint the todiscussion circles, which business resulted in the taken We have also journalists. and makers pean legislature, preparing materials for decision- by Euro discussed ofamendments hundreds on evaluations have submitted experts –our (EDRi) Rights Digital European the with We cooperate for). we advocate what against exactly going them of level (some EU the on taken efforts ing law-shap reporting busy we have been Recently Poland. in rights citizens' and state surveillance the about debate public the opened who us is –it infographics) and media the for statements publications, numerous (via Brussels in happens what about Poland in awareness public We raise government. Polish by the taken actions the particular in it, behind politics the and reform protection data European following have been we beginning, very its –since protection data ing We monitor political and concern legal processes Selected activities Protection of privacy AREAS OF ACTIVITY AREAS

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Polish authorities took an active role in reforming reforming in role active an took authorities Polish Our recommendations, developed in the EDRi EDRi the in developed recommendations, Our negotiating instructions for the Polish delegation. in recommendations important most ofour half one- afull incorporated ofthem, aresult as and, The government organized public consultations EU level. the on framework protection data the our opinions numerous times. quoted to and referred publicly MEPs Parliament, European the of position the influenced network, Radio ( EU level the on emerging framework legal new to the related developments reported media national influential basis aregular On debate. public Polish the in ground a common became technology ofchanging context the in protection privacy to increase need The changes Positive Gazeta Wyborcza work dealing with personal data protection. data personal with dealing work frame legal the on influence apositive have efforts our that agree 71% and area this in initiated publicbelieve debate we effectively 82% data. personal protect to need the ing concern knowledge citizens’ increase efforts our that believe website our of users 93% , TOK.FM ). , Polityka

, Polish National

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and market developments that further undermine the position of users and citizens – effectively strengthening strengthening Internet surveillance and –effectively undermining both freedom to use electronic communication citizens and and freedom of speech. users of position the undermine further that developments market political and many We witness behind. leave we that trail digital the of size actual the realize not do we often ourselves, though supply we it of Some motion. into information of flood a sets click Each clients. their profiling and ing Internet businesses and corporations operating in an online environment base their business models on track II.

4. 3. 2. 1.

We quickly responded to ACTA –we have been responded We quickly We analyzed and commented on dozens of Polish ofPolish dozens on commented and We analyzed We educate and encourage the youth (and adults, adults, (and youth the encourage and We educate – who is asking and what they receive from the the from receive they what and asking is – who providers service by Internet collected data for Selected activities (“Digital Toolkit”) and own workshops. own and Toolkit”) (“Digital trainers and teachers for scripts brochures, als, manu infographics, Internet”), the on Information ofthe Adventures Web (“The the in travels tion informa how showing aguidebook as tools such –through hands own their in matters to take too!) ofPolish gathering informal an net, Inter Free ofthe Congress Improvised the nized ACTA. We co-orga stopped and position its ged chan finally which government, the on pressure exerted ourselves and representatives elected ir the to contact citizens We mobilized discussions. public in views our shared and media the from information. We answered countless questions ofcredible source immediate an was that site our was –it followed that protests ofsocial explosion the –during and Poland, in campaign formational in an running We were agreement. the against efforts various in involved became soon and monitoring proceedings on ACTA from the start Services. and Websites ofForbidden Registry ofthe creation the sed with other organizations, we oppo successfully coalition In websites). to block designed those particular (in freedoms to Internet detrimental possibly measures legal ofintroducing attempt every and to each We have responded nventions. co and resolutions directives, EU programmes, ordinances, and –bills proposals EU legal and software. filtering apply ries libra public how and requests take-down content handle providers service Internet Polish how at we looked projects research other In companies. We examined how eagerly public authorities reach reach authorities public eagerly how We examined Internet Freedoms Internet Source: Agencja Gazeta Agencja Source: FM. TOK at ceremony award The ACTAvists that are neither easy nor popular with the media”. the with popular nor easy neither are that issues difficult yet important for struggle and Foundation “vigilance for Panoptykon the and Szymielewicz Katarzyna to Prize Laszuk Anna yearly its awarded FM TOK 2012 In rights. digital of area the in work ing ongo and ACTA stopping in involvement our recognized FM TOK Radio

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Minister’s Chancellery. Prime the of website the Source: regulation. Internet on ameeting at Donald Minister Prime Tusk Szymielewicz and Panoptykon’sKatarzyna We disclosed numerous documents previously The Polish government withdrew its support for for support its withdrew government Polish The Decision-makers finally realized that ignoring the the ignoring that realized finally Decision-makers kept in secret (i.e. pertaining to ACTA). pertaining (i.e. secret in kept European institutions. through way its blocking ACTA, effectively thus blocking. ofobligatory idea the for support their drew with Union European the policy, and a general as sites Internet to block not opted government Polish The collapsed. Services and Websites den ofForbid- Registry the ofcreating concept The changes Positive habit of public consultations. agood endorsed and to dialogue up opened they aresult, –as ablind-alley is regulated be should Internet the ofhow matter the in ofcitizens voices -

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5 YEARS OF THE PANOPTYKON FOUNDATION 16 KONTROLUJEMY KONTROLUJĄCYCH 17 public scrutiny. The same logic encourages “public-private partnerships” and passing commercial data to state state to data commercial institutions whenever demanded. passing and partnerships” “public-private encourages logic and same The control scrutiny. public democratic without surveillance of tools advanced more ever use to them enabling secu apparatuses, rity public and private both for leverage creates This promise. they what deliver to that going knows not are everybody measures if even such impossible, almost is opposition effective that strong so politi becomes its security, of terms legitimization in cal itself justify can surveillance of type some If doors. all to key the became “Security” III. 6. 5. 4. 3. 2. 1.

We advocate for legal changes regarding access access regarding changes legal for We advocate We pay particular attention to mass events and and events to mass attention We particular pay We ask difficult questions to the Polish govern Polish the to questions difficult We ask We monitor the legislature – all draft laws regulat laws draft –all legislature the We monitor of access to citizens' telecommunications data, data, telecommunications to citizens' of access issue the with –starting information We collect Selected activities to the President of the United States. United ofthe President to the aletter penned and campaigns protest national inter We have joined citizens. ofPolish veillance we submitted 100 questions concerning the sur Human Rights International and Amnesty Poland for Foundation Helsinki the with cooperation In too. them upon we acted programmes, veillance mass-sur other and PRISM on reports the follow we did only – not agencies intelligence and ment ofexception”. “states such by justified implementation its and law the to ofchanges criticism our airing we have been 2012 EURO games, the with football Starting measures. ofsecurity abuse and liberties civil of neglect surveillance, with relationship their bodies. ment govern to relevant delivered and Parliament in presented proposals these on opinions detailed in results which examination, to our subject are cies agen intelligence of powers the defining and ing and decision-makers. opinions for the Constitutional Tribunal in Poland and positions legal We have drafted network). EDRi the with (together Union European the in and Office) Audit Supreme the and Authority, Protection Data Ombudsman, the with operation co- (in Poland in both data to telecommunication data”. “A oftelephone mine guidebook the in information important most the collected and events public during problem this discussed campaigns, ofpublic anumber in we have engaged then Since regulated. be should data to such access state how on debate public Polish the started that billings oftelephone mining ofthe scale the showing publication our was – it public to the relevant information We disclose Polish regulations. compared andforeign legal and we have analyzed research, ofthis apart As prosecutors. and officers police with sations conver numerous conducted and information lic pub for ofrequests hundreds we have submitted Security policy Security

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- - photos by Jędrzej Niklas, Barbara Gubernat Barbara Niklas, Jędrzej by photos campaign, Fence’ ‘National The 2. 1. 4. 3.

The European Court of Justice declared Data Re Data declared ofJustice Court European The Data showing the mining of telephone billings billings oftelephone mining the showing Data The period for the mandatory storage oftelecom storage mandatory the for period The budsman, Data Protection Authority, the Supreme Supreme the Authority, Protection Data budsman, Om The opinion. public Polish influenced deeply by default”. of“secrecy scope the limited and practice their have changed agencies ofintelligence majority The easier. become has to information access time, With activities. to our thanks to light come has agencies intelligence US and Polish between telecommunications data and the connections of use the concerning information Important changes Positive from 24 from to 12 months. shortened been has Poland in data munications pending. are changes legal Further data. nications to telecommu access uncontrolled and unlimited state’s the for basis legal the Tribunal undermined Constitutional Polish The invalid. Directive tention changes. legal seek to actively have begun bodies other and Council, Bar Polish the Office, Audit

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You talk about the mining of telephone billings. First, they ignore you. Later, they say you don’t know how to interpret the data. Next, they suggest you may be manipulative or too radical. In the end, they'll agree that – maybe – it’s worth reasoning about, after all. Let's try to understand each other. PANOPTYKON FUNDACJI 5 LAT So that they can clarify things, give their reasons. They start inviting you to conferences and semi- nars. They try to soften you. But your questions have already inspired others: state institutions and the media. They enter regular public debate. The Constitutional Tribunal quizzes you. The intelligence community, the police, and the courts all bungle their explanations. And so the law changes, as does society’s approach and its sensitivity. This is the engine behind Panoptykon’s 5-year success story, in this and other matters.

Adam Bodnar, deputy director of the Helsinki Foundation for Human Rights

WATCHING THE WATCHERS 19 those under surveillance, still in the name of “security”. “security”. of name the in still of surveillance, rights under the of those negligence the strengthens only Poland, in is it as framework, legal aprecise of lack The conse quences. social negative of arange spawns which privacy, of erosion an and voyeurism provoke of forms Ubiquitous video-surveillance level. local even or municipal anational, on security ensuring with common in nothing or have little practices these however, reality, In security. “our” for done is it Officially, other. each on spy children the neighbours on and peek parents and schools customers, and employees their watch companies when happens thing them among are popular surveillance cameras, which most enable the state The to conduct wide-scale tools. observation of its citizens. The same surveillance of ubiquity the about brought technology of development The IV. 4. 3. 2. 1.

We analyze the behind discourse the implementa-

We intervene in cases of abuse, such as the use use the as such ofabuse, cases in We intervene We fight for legal regulation of surveillance cam surveillance of regulation legal for We fight We draw public attention to the development of development to the attention public We draw cameras”. the among “Living guidebook the in summarized have been observations Our happenings. and seminars discussions, organizing media, the with cooperating topic, this on debate public we fuel beyondvideo-surveillance democratic control – versiona of “smart” video-surveillance). to develop (intended INDECT project research the in role dubious its concerning Affairs of Internal Ministry the with discussion apublic started also We schools. public at meetings teachers' cording re or pools swimming at cameras of surveillance critical analysis. our presented and Affairs ofInternal Ministry the by organized workshop expert an in part we took industry, surveillance to the connected not zation organi only the Being area. this in regulation legal ofcomprehensive adoption the for advocating we have been Authority Protection Data and man Ombuds the with cooperation –in Poland in eras swimming pools. municipal at cameras and systems CCTV urban of use the on data We life. have collected ryday eve their influences ofsurveillance technology this how and cameras surveillance about think Poles what have –researched we (in)effectiveness its concerning publications scientific with along abroad, and Poland in ofvideo-surveillance tion implementa the behind discourse the We analyze Selected activities Monitoring observation and ------2. 1. 3.

Decision-makers acknowledged that theyDecision-makers cannot The Ombudsman, Data Protection Authority and and Authority Protection Data Ombudsman, The of video-surveillance. of video-surveillance. paign demanding comprehensive legal regulation cam public the joined Office Audit Supreme the cameras. ofsurveillance ubiquity the concerning debate lic pub the in raised being now are bodies ernmental changes Positive many of our recommendations. includes law draft The area. this in regulation legal ona working started finally has Affairs ternal ofIn Ministry The cameras. ofsurveillance use ignore with connected problems the unregulated Critical voices from various public and non-gov and public various from voices Critical Warsaw; photo by Alicja Szymczak Alicja by photo Warsaw; 2009, in Day' Fear Not ‘Freedom during A happening

- - - - - WATCHING THE WATCHERS 20 to reflect on and even change their daily practices. For us every such case is proof that our work makes sense! makes work our that proof is case such us every For practices. daily their change even and on to reflect them compelled issues, new to attention their havedrawn efforts our that admit who people encountered Regularly 8. feedback. positive very gave us also young; the and children for scripts our used who trainers and Teachers useful. are they 89% claim and trustworthy, them 90%deem interesting, as materials our see website our visit who 93% those of efforts. our for Won recognition 7. Office. Audit Supreme the and Council, Legislative the Prosecutor, General the Ombudsman, the as institutions such by quoted frequently havebeen findings research and analyses Our reputation. expert an Earned 6. digital rights.on so-called impact anegative have had would which EU level, the on and Poland in both changes, legal afew quite to stop Helped 5. security. ofpublic area the in particular – in institutions ofpublic transparency the increasing thereby secret, in held previously was that information Disclosed 4. map. international the on Poland in ofsurveillance problem the placing thereby abroad, and Poland in both institutions and organizations numerous with cooperation Established 3. before. problems as perceived not were that issues surveillance-related many in attention media sustained generated and discussion public We have launched debate. ofpublic issue an surveillance Made 2. we address. problems ofthe awareness of low-level the and offinancing sources limited despite organization, stable and adynamic building in Succeeded 1.

WE AREPROUDWE TO HAVE…

The Panoptykon Foundation continues to discover 21 new areas that are vital for the protection of human rights and freedoms in the endlessly developing world of new technologies. In a very short time Panoptykon has awakened public opinion in Poland and opened the eyes of all of us to a range of threats (including to our privacy and access to information) that arise from the abusive applica- tion of surveillance techniques in our daily life. The integrity and innovativeness of Panoptykon’s work have made it an important partner and a source of inspiration for other organizations – ones not only in Poland, but in Europe, as well.

Draginja Nadaždin, director of Amnesty International Poland 5 YEARS OF THE FOUNDATION PANOPTYKON

Cats also like Panoptykon gadgets, photo by Joanna Łojas WATCHING THE WATCHERS 22 OF AWEALTH OF MATERIALS: HAS RESULTED IN THE CREATION OF OUR WORK FIVE YEARS occasions. than more on others) or ourselves by (organized meetings public and seminars, at conferences, We presentations made have law. the of functioning and creation the for responsible individuals and on institutions to them passed and interventions and opinions, positions, legal over drafted We have PANOPTYKON IN NUMBERS IN PANOPTYKON 160 150 times. than more Internet) (thetelevision, radio, press, outlets media in opinion-shaping the appeared have we etc. tions, quota interviews, reprints, articles, our to own Thanks to municipal bodies. municipal to way all the agencies, intelligence police and the to ters, minis government and Minister Prime the of offices the – from public to institutions information for requests than more submitted We have articles and updates on our website. our on updates and articles than more published We have 1000 1300 520 - - IN SUBSEQUENT YEARS*: AT WE HAD THE MEANS FINANCIAL OUR DISPOSAL successes. first our of recognition in a work, year’s after grant first our receive to managed and whatsoever financing external any bywithout year. year We began expanding been has activity Our *  including our financial statement, please visit our website. our visit please statement, Foundation, financial Panoptykon the our of including finances the on information detailed more For report. this of needs the for prepared was breakdown This 2009

750 pln 2010

81 268 pln 2011

401 575 pln 2012

481 771 pln

2013

643 831 pln

5 YEARS OF THE PANOPTYKON FOUNDATION 23 WATCHING THE WATCHERS 24 THE SOURCES IN 2013*: OF OUR BUDGET institutions. grant by financed projects ofthe framework the exceed that tasks out to carry and challenges new to respond us to swiftly allow They stability. financial organization’s ofour element however, acrucial as donations, those We see individuals. private from donations from comes budget ofour afraction Only areas. certain in projects out carrying for competitions open run which institutions grant from comes means financial ofour part greater The other sources, incl. private donations ­ grants from public institutions grants from private institutions – –

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1% EXPENSES IN 2013*: administrative costs. to minimize best our we do hand, other the On members. ofteam to salaries go resources ofour most why is This team. effective and competent devoted, its without does way it the to operate able be not would Foundation Panoptykon The *  including our financial statement, please visit our website. our visit please statement, Foundation, financial Panoptykon the our of including finances the on information detailed more For report. this of needs the for prepared was breakdown This • • salaries of team members – members ofteam salaries administrative costs (e.g. office maintenance, accounting, Internet) – Internet) accounting, maintenance, (e.g. office costs administrative – design) graphic (e.g. publishing, costs project-related other 67,7% 22,3% 10%

5 YEARS OF THE PANOPTYKON FOUNDATION 25 WATCHING THE WATCHERS 26 We will get there. But we also see some challenges emerging on the way: the on emerging challenges some see also we But there. get We will to: planning We are education. of area the in particularly activities, our expand to aim we years upcoming the In 4. 3. 2. 1. 6) 5) 4) 3) 2) 1)

In this battle we have to confront both state and business, each of which has unmatchable resources at their their at resources unmatchable has ofwhich each business, and state both we have to confront battle this In reach out to new audiences with information about our activities and surveillance-related problems; surveillance-related and activities our about information with audiences to new out reach develop more practical, visually attractive educational resources (guidebooks, infographics, games) and train train and games) infographics, (guidebooks, resources educational attractive visually practical, more develop technologies; surveillance sell that companies and institutions public Polish between connections map We speak about troubling issues and expose the dark side of the digital world. It is no surprise that the first first the that surprise no is It world. digital ofthe side dark the expose and issues troubling about We speak It is not easy to secure financial resources for this type of activity. What makes it even harder, is that Poland lacks lacks Poland that is harder, it even makes What activity. of type this for resources financial to secure easy not is It a tradition of support for watchdog organizations. watchdog for ofsupport a tradition we have. weapon only the is –this arguments of our strength by the determined is position” “negotiating Our down. guard our let never we why must is This disposal. a surveillance society. in living about truth unpleasant the to face ready is everybody Not ofdenial. form some is get we often reaction choices. difficult some facing be we will we know times, all at issues those all to confront able we won’t be As us. about available ofdata volume increasing the and tools logical the world around them. to change need the share who those for activities our in involved getting or actions joint for space create efforts; educational our multiply can they that so trainees the concerned; are cyber-corporations and agencies ofintelligence operations the as far as particular in safeguards, rights human better provide that solutions legal for advocate and initiatives political dangerous ofall track keep ofabuse; cases report and evidence, and data more keep a close eye on both public and private entities who engage in surveillance practices, in particular to collect to collect particular in practices, surveillance in engage who entities private and public both eye on aclose keep Every day brings new problems associated with surveillance. They emerge with the development of new techno ofnew development the with emerge They surveillance. with associated problems new brings day Every GOALS AND CHALLENGES

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photo by Kamil Śliwowski Foundation’sThe Panoptykon team, We are really counting on your support! your on counting really We are bank. your with order astanding up set better, even or BPKOPLPW Code: (SWIFT) BIC 1440 PL 85 USD: 1209 1101 4205 0000 0000 PLEUR: 11 1440 1417 1101 0000 0000 0658 1440 PLPLN: 43 1044 6058 1101 0000 0000 to: donation your Send years! upcoming for planned have we what achieve to us Help much: so donors ofindividual support the value why we reasons three are There values. our share who those all from support financial we need work, To this continue by surveillance. posed challenges to the responds that Poland in organization only the is Foundation Panoptykon The 3. 2. 1.

Although the issues we address concern everyone, they are not simple or easy to grasp. Our work is exciting, but but exciting, is work Our to grasp. easy or simple not are they everyone, concern we address issues the Although Our work makes sense only if we can respond to emerging problems fast enough. It can get complicated because because complicated get can It enough. fast problems to emerging respond we can if only sense makes work Our believe in what we are doing. we are what in believe who ofpeople support steady the need rather but donations, random huge, on rely we cannot so And successes. spectacular or instant brings seldom It commitment. and patience consistence, tireless requires it day-out day-in, flexibility. to maintain us for harder the all is it sponsors, private from received resources Without projects. planning and applications ofdrafting stage the at unforeseeable are ofthem many companies. private and authorities public the both we watch that fact the is most us impedes What offunding. sources all pursue we cannot them, For watchdog organizations, independence and trustworthiness are of critical importance. In order to maintain to maintain order In importance. ofcritical are trustworthiness and independence organizations, watchdog For

SUPPORT US! is just the beginning! the just is this that think We to like work. our of 5 years celebrate may we that you to thanks is it So, Foundation. would be no Panoptykon there you money. Without their with us trusted our volunteers; and institutions grant that criticism; constructive and assistance vice, ad their offer activities, our in involved get who us:and supporters our friends porting sup been have who all thank We cordially -

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5 YEARS OF THE PANOPTYKON FOUNDATION 27 WATCHING THE WATCHERS 28 Photos byPhotos Roch Forowicz 5 YEARS OF THE PANOPTYKON FOUNDATION PANOPTYKON THE OF YEARS 5 WATCHERS WATCHING THE of Creative Commons Attribution – ShareAlike 3.0 Poland 3.0 –ShareAlike Attribution Commons of Creative license the on available made is publication This 2014 Warsaw panoptykon.org |filipzagorski.com Zagórski Filip graphic Paul Newbery proofreading Dymek Jakub Steele, Philip translation team Foundation’s Panoptykon The in Śliwowski Kamil Szymielewicz Katarzyna Szumańska Małgorzata authors

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5 YEARS OF THE PANOPTYKON FOUNDATION 29 WATCHING THE WATCHERS 30