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Dear Sir Andrzej Halicki,
I am writing to you due to the fact that I have voted for you and thus I consider you indirectly representing my political and social views. I am an artist working in the public space, focusing on the issue of the social fabric surveillance by means of electronic devices. I am writing to ask for your help, since as a Deputy of the Sejm of the Republic of Poland you have the potential to put certain important ideas into effect.
Considering the fact that we share the same space, I would like to draw your attention to the phenomenon which has aggressively penetrated our common environment in the recent years. The privacy of individuals is being regularly violated without their approval, or even knowledge. The omnipresence of CCTV cameras is a commonly known fact. Public space is literally penetrated by industrial monitoring technologies. CCTV cameras are tracing our every step as we move through different city areas every day. Every day, without thinking, we pass those devices and simply forget about it. However, in-depth analysis of this phenomenon is extremely important, since the issue has various consequences.
To date, no legal acts have been adopted that would regulate the circumstances in which our actions could be registered without our consent, or which would govern the destination of the material on which we have been recorded. The phenomenon I am writing about is much broader and also concerns website monitoring.
We cannot ignore the fact that our privacy is becoming the most heavily repressed area of our lives. Despite the fact that the majority of us seems not to notice this problem, many artists all around the world, watching those alarming transformations, do whatever they can to implement the awareness of such dangerous changes inside the social fabric. This results from the fact that the deformation I am writing about implies the potential for change which could push the territory of our mutual relations towards the ‘surveillance society’ model.
I firmly believe that decisions regarding such important changes, interfering with our everyday environment, should be made in the spirit of democracy, i.e. taking public opinion into account. I would like to suggest highlighting the issue of the broadly defined monitoring in the media, with the participation of experts and intellectuals, which would initiate social discourse and thus contribute to the creation of a legal framework taking due account of the public’s will.
Yours sincerely,
Roch Forowicz |
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Dear Sir,
On behalf of Mr./Mrs. Ryszard Kalisz I thank you for your letter and for the opinions and remarks expressed therein. I ensure you that this response results from the fact that the Deputy has read your letter. Naturally, the issue described is interesting; however, it seems even more complicated if we consider its legal complexity, because it pertains to the extent of permissible interference of public authorities in the private lives of citizens.
Although this issue seems clear in the context of the procedural criminal law, in the administrative area, in particular with regard to state authorities' responsibility for guaranteeing public order and security and to the identification of effective measures which would at the same time ensure an adequate level of respect for fundamental civic rights and freedoms, it remains an open and much more complicated problem…
I could illustrate this statement with the example of the United States of America, a country, and citizens, whose particular predilection for privacy cannot be denied. After the 9/11 attacks, there was a noticeable social consent for the creation of systems which monitored also private lives of citizens, or aspects closely related to privacy...
To sum up, the issue is not simple and indeed it is worth further consideration. Your remarks have been forwarded to the Justice and Human Rights Committee of the Sejm of the Republic of Poland, to be used in further works of the Committee.
Thank you once again.
Your sincerely,
Włodzimierz Piątkowski
Office of Ryszard Kalisz, Deputy of the Sejm of the Republic of Poland |