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Privacy protection in the telecommunications sector – new rules of storing information in telecommunications terminal equipment

  • Poland
  • Privacy, data protection and cybersecurity
  • Telecoms


The so-called online tracking, that is, tracking users in their Internet activities, has nowadays become a significant issue of privacy protection of natural persons. The implementation of new laws, as discussed below, was meant to restore the possibility of deciding about the scope of user actions within which they may remain anonymous, at least to a certain extent. For this purpose, the European legislator has decided to abandon the “opt-out” model, and move towards the so-called “opt-in” model.

This article is an attempt to assess the transposition into the Polish legal order of EU solutions concerning the scope of the possibilities and conditions of storing information in telecommunications terminal equipment of subscribers (end-users) and the use of cookie files. It is clear that the implementation of such new solutions raises concerns both in terms of European and national law. The unease results from the wording of the provisions adopted in relevant EU directives, as well as from the European legislator's lack of firmness in unambiguously determining a valid and effective model. With this in mind, many countries have decided to follow their own path creating peculiar hybrid systems, which are somewhere in between the opt-in and the opt-out model.

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Source: Telecomunications Regulation in Poland, CARS, 2013