Advocate Maciej Obrębski comments on the parliamentary subcommittee’s decision to suspend work on “blind lawsuits.” The Poland 2050 and PSL bills, which were intended to allow lawsuits to be filed without first identifying the anonymous harassers, were rejected. Today, anyone who wants to pursue the author of an offensive post must establish their identity on their own, which in practice blocks effective protection of personal rights online.
“This is purely a political decision,” says adwocate Obrębski. “Although the original version of the bill was imperfect, the latest amendments could have provided a starting point. Unfortunately, further months of deadlock only serve to condone anonymous hate.”
The amendments would have, among other things, extended—from 7 to 14 days—the period in which a court, during its preliminary review of a personal-rights violation, could request user data from platforms, and shortened service-provider data retention from 12 to 2 months (with a possible extension to six months after a lawsuit is filed). However, as advocate Obrębski notes, Polish courts, given their current caseloads, would still struggle to submit a request within 14 days.
He is also skeptical about relying on the EU Digital Services Act (DSA): “Work on the DSA has been ongoing for a year and will require further modifications. We need a solution now, not after more years of negotiations.” He adds that, without a filter for manifestly unfounded claims, a “blind lawsuit” could be misused to improperly obtain data from individuals such as whistleblowers.
Date: 25.06.2025
Author: Nadia Senkowska
Source: Rzeczpospolita (rp.pl)
