Reason and wise law

Skilful use of technology and legal solutions should strengthen the security of digitalisation.

Publikacja: 11.09.2023 02:43

Reason and wise law

Foto: Wojciech Kordowski

The switch from an analogue to a digital state is an opportunity for social development provided that everyone is aware of the risks involved. For this to be the case, there needs to be education, reason, and laws to protect those using modern technology. At the very least, they should be informed of what data the administration has about them and how the administration uses it. This is what participants debated in the discussion, “Does the state know everything about us? The secret services, surveillance and... the Minister of Health. Are we protected and by what?”, which took place in the “Rzeczpospolita” Lounge during the 32nd Economic Forum in Karpacz.

Data protection

– “We leave many traces of ourselves in the digital world, and this is both public and personal. We are not always aware of this”, said Dr. hab. Agnieszka Chłoń-Domińczak, economist, Professor at the Warsaw School of Economics. She believes that the information the state can gather in this way should create good public policies based on facts and data. However, they should be adequately protected. As an example of such practice, she cited the system for monitoring the economic history of graduates, which is useful both for young people to reflect on their career choices and for universities and the state in creating education and labour market policies.

– “The system combines data from two registers and applies to the entire graduate population. We check how much such a person earns, how long they have been looking for a job, what type of contract they have. But the data is anonymised, so analysts who look at it do not know exactly what person it is. They have information that the person has graduated in a particular field of study, information about gender, and what year that person was born”, the economist said.

At the same time, she acknowledged that it is abusive to reach out and make public the data of a specific person, as has happened recently. – “This undermines trust in the state, administration, and officials. As a former public servant with a pro-state conduct, I think this should never have happened, and the consequences of this are far greater than just disclosing information in this way”, said Dr. hab. Agnieszka Chłoń-Domińczak.

– “When using digital solutions, implementing them, applying artificial intelligence, or new technologies, we must remember that they are meant to serve humanity for its benefit and not to be used against it, which unfortunately happens. The state must only create laws that limit informational autonomy, i.e., invade this privacy of ours, only to the extent that is necessary in a democratic state under the rule of law. It is the role of parliament to create rules to meet this condition of necessity. Such legal norms will be a guarantee for the protection of our rights”, recalled Dr. Edyta Bielak-Jomaa, former President of the Personal Data Protection Office, Assistant Professor at the Labour Law Department of the Faculty of Law and Administration of the University of Łódź, University of Łódź.

However, she added that it is often the individual who is the weak link in taking advantage of digital possibilities. This shortcoming exists on two levels: on a personal level, with the private use of modern technology, but also on a business or institutional level, and companies and institutions forget to create and implement security procedures and a system for handling them.

Recommendations

Participants in the debate focused on identifying risks and recommendations to reduce them.

– “The legal reality in Poland at the moment is that the secret services, the police, have lawful unlimited access to a lot of information. In 2022, the service acquired 1.8 million pieces of such data. This is an alarming scale, and it is taking place without any control”, pointed out Wojciech Klicki of the Panoptykon Foundation. – “However, there is still a level of actual conduct beyond the law. We may have well-written regulations on how e-prescription or other registers work, for example, but someone may suddenly misuse them (e.g., an official making personal information public). What is needed is a legal strengthening of the role of the data subjects, empowering them. It should involve letting them know who or what institution searched their data, automatically reporting irregularities so that this relationship between the authority and the individual is evened out”, he added.

– The most important thing is to show the public what digital hygiene is all about, so that people know that cyber criminals and cyber terrorists exist and operate”, believes Member of the Polish Parliament Krzysztof Gawkowski, Chairman of Lewica Parliamentary Club. – “If you allow a child to use a smartphone or tablet on which you have business data, this is not digital hygiene. None of us checks what information modern home appliances provide to manufacturers. For example, a fridge can transmit data on how many times we open its doors. This is valuable information you can extract from this data, e.g., how often you shop, how much electricity you use, how many people you have in your family, and what time you eat meals”, he explained further. According to the politician, wise knowledge of the digital world should be imparted already to children. This is needed, especially as the world has used the digital world to influence public awareness in recent years.

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The switch from an analogue to a digital state is an opportunity for social development provided that everyone is aware of the risks involved. For this to be the case, there needs to be education, reason, and laws to protect those using modern technology. At the very least, they should be informed of what data the administration has about them and how the administration uses it. This is what participants debated in the discussion, “Does the state know everything about us? The secret services, surveillance and... the Minister of Health. Are we protected and by what?”, which took place in the “Rzeczpospolita” Lounge during the 32nd Economic Forum in Karpacz.

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