Article 3.
1. The Head of Internal Security Agency (ABW), henceforth referred to as "Head of ABW", is responsible for the prevention of events of a terrorist nature.
2. The minister competent for internal affairs is responsible for the preparations aimed at taking control over events of a terrorist nature by means of planned undertakings, as well as reacting in case of the occurrence of such events, and for the recovery of resources aimed to be used in the reactions to such events.
Article 4.
1. Organs of public administration, owners and holders of facilities, installations, and equipment of public administration infrastructure, as well as critical infrastructure, cooperate with the organs, services and institutions competent in issues of security and crisis management when performing anti-terrorist activities.
2. The entities referred to in Paragraph 1 are to, without delay, convey to the Head of ABW the information they possess about the terrorist threats to the infrastructure of public administration or the critical infrastructure, including threats to the functioning of the system and the energy, water and sewage, heating, telecommunication and IT grids, which are important from the point of view of the security of the state.
3. In case information is acquired about the possibility of the occurrence of an event of a terrorist nature posing a threat to the public administration infrastructure or critical infrastructure, the life and health of people, property of a substantial scale, national heritage or the environment, the Head of ABW can issue orders to the organs and entities referred to in Paragraph 1 hereof and which are under threat of such events. The orders issued are aimed at counteracting, removing or minimizing the threats, as well as conveying information necessary for this aim. The organs and entities referred to in the first sentence hereof, shall inform the Head of ABW about the actions undertaken in this respect.
4. The Head of ABW shall, without delay, inform the Minister Coordinator of Special Services, should such a person be appointed, about the undertaken actions referred to in Paragraph 3 hereof.
Article 5.
1. In order to perform the tasks referred to in Article 3 Paragraph 1 hereof, the Head of ABW coordinates the analytical and information Activities undertaken by the special services referred to in Article 11 of the Act of 24 May 2002 on the Internal Security Agency and the Intelligence Agency, as well as the exchange of information transferred by the Police, Border Guard, Government Protection Bureau, State Fire Department, Customs Service, General Inspector of Financial Information, General Inspector of Revenue Control, Military Gendarmerie and the Government Security Centre, regarding threats of a terrorist nature, as well as data about the persons referred to in Art 6 Paragraph 1, by collecting, processing and analyzing these data.
2. The minister competent for internal affairs shall specify, in agreement with the minister competent for public finances and the Minister of National Defense, and upon consulting the Head of the ABW, a catalogue, in the form of an ordinance, of events of a terrorist nature, taking into consideration the need to classify the information referred to in Paragraph 1 hereof.
3. The entities referred to in Paragraph 1 hereof, shall upon receiving, and without delay, convey to the Head of ABW the information on the execution of the anti-terrorist activities, classified according to the catalogue of events of a terrorist nature.
Article 6.
1. In order to perform the tasks referred to in Article 3 Paragraph 1, the Head of ABW shall, fully observing the requirements of protecting classified information, maintain a register including information about:
1) persons involved in activities on behalf of terrorist organisations or organisations connected with terrorist activities or members of such organisations;
2) wanted persons involved in terrorist activities or persons suspected of committing offences of a terrorist nature, with regard to whom an arrest or a search warrant has been issued or a wanted letter has been decided on, as well as persons who are wanted and subject to the European Arrest Warrant.;
3) persons with regard to whom there is a justified suspicion that they may be involved in activities aimed at committing an offence of a terrorist nature, including persons who might present a threat to civil aviation;
4) persons participating in terrorist training or undertaking a journey with the aim to commit an offence of a terrorist nature.
2. The Head of ABW shall, as the need may be, convey the information referred to in Article 5 Paragraph 3, as well as information included in the list referred to in Paragraph 1 hereof, also in the form of current analyses about the possibility of the occurrence of an event of a terrorist nature to:
1) entities referred in Article 5 Paragraph 1,
2) other entities of public administration – within the remit of their competence.
3. The Head of ABW shall, without delay, convey to the President of the Republic of Poland, the Prime Minister, the minister competent for internal affairs, the Minister of National Defence, the minister competent for foreign affairs, the Minister Coordinator of Special Services, should such as person be appointed, information which could have significant importance on the prevention of events of terrorist nature. The provision of Article 18 Paragraph 1 of the Act of 24 May 2002 on the Agency of Internal Affairs and the Intelligence Agency is applied accordingly.
4. The Head of ABW shall specify, by means of an ordinance and with consideration of all the requirements pertaining to the protection of classified information:
1) the scope of information collected in the register referred to in Paragraph 1 hereof;
2) the means of maintaining the register referred to in Paragraph 1 hereof;
3) the mode of obtaining information from the register referred to in Paragraph 1 hereof by entities referred to in Art 5 Paragraph 1.
Article 7.
1. In order to perform the tasks referred in Art 3 Paragraph 1, the Head of ABW coordinates:
1) the surveillance and intelligence activities undertaken by the special services referred to in Art 11 of the Act of 24 May 2002 on the Agency of Internal Security and the Intelligence Agency, as well as by the Police, Border Guard, General Inspector of Treasury Control, the Military Gendarmerie, and
2) the activities performed by customs officers of observing and recording, with the use of technical means, the image of events in public spaces and the audio accompanying these events.
2. The Head of ABW can issue recommendations to the entities referred to in Paragraph 1, with the aim to remove or minimise the terrorist threat which has occurred.
Article 8.
1. In order to recognise, prevent and combat offences of a terrorist nature, the Head of ABW may order the following covert activities to be undertaken, for a period no longer than three months, with regard to a person who is not a citizen of the Republic of Poland, and with regard to whom there is a fear of possible involvement in terrorist activities:
1) obtaining and recording the content of conversations by technical means, including with the use of telecommunication networks;
2) obtaining and recording the content of the image and sound of persons from premises, means of public transportation and other venues other than public spaces;
3) obtaining and recording the content of correspondence, including correspondence kept by means of electronic communication
4) obtaining and recording the data contained in IT data carriers, telecommunication end devices, as well as information and tele-information systems;
5) obtaining access and controlling the content of consignments.
2. A telecommunication business, operator of post services, or an electronic services provider are obliged to ensure free technical and organizational conditions allowing the Agency of Internal Security (Agencja Bezpieczeństwa Wewnętrznego), henceforth referred to as “ABW”, to perform the activities referred in Paragraph 1 hereinabove.
3. A provider of electronic services who is a micro-enterprise or a small enterprise in light of the provision of the Act of 2 July 2004 on the freedom of business activities (Journal of Laws of 2015 item 584, with later amendments3)) shall ensure the technical and organizational conditions necessary for the ABW to perform the activities referred to in Paragraph 1 hereinabove, accordingly to the infrastructure in place.
4. The Head of ABW shall, without delay, inform the Minister Coordinator of Special Services, should such a person be appointed, as well as the Prosecutor General about the order referred in Paragraph 1 hereinabove. The Prosecutor General may order to stop the activities referred to in Paragraph 1.
5. The activities referred to in Paragraph 1 hereinabove may be prolonged following the terms provided for in Article 27 of the Act of 24 May 2002 on the Agency of Internal Security and the Intelligence Agency.
6. The Head of ABW shall, without delay, inform the Prosecutor General about the results of the activities referred to in Paragraph 1 upon their completion and, upon the request of the Prosecutor General, also about the course of these activities, presenting the materials then gathered.
7. The Head of ABW shall present the Prosecutor General with all the materials gathered in the course of performing the activities referred to in Paragraph 1. The Prosecutor General shall make a decision on the scope and means of using the materials presented.
Provision of Article 238 § 3–5 and Article 239 of the Act of 6 June 1997 – Code of Criminal Procedure (Journal of Laws item 555, with later amendments4)) is applied accordingly.
8. The Prosecutor General orders the destruction of materials obtained in the course of the activities referred to in Paragraph 1, which do not contain evidence of the offence, or which are not important from the perspective of the security of the state.
9. The Head of ABW shall, without delay, perform a witnessed and recorded destruction of the materials referred to in Paragraph 8 hereinabove. The Head of ABW shall inform the Prosecutor General of the event.
10. The Prime Minister shall, by means of an ordinance, specify the means of documenting the activities referred to in Paragraph 1 hereinabove, as well as the means of retaining and transmitting instructions and information, as well as of retaining, transmitting, processing and destroying the materials obtained in the course of performing these activities, together with sample copies of forms and registers, taking into consideration the need to ensure the classified nature of the activities performed and the materials gathered.
Article 9.
1. Officers of ABW, Police and the Border Guard are entitled to take fingerprints or record the face image of a person who is not a citizen of the Republic of Poland in case when:
1) there is a doubt as to the identity of this person or
2) there is a suspicion that the border of the Republic of Poland has been crossed illegally, or there is a doubt as to the declared purpose of the person’s stay in the territory of the Republic of Poland, or
3) there is a suspicion of an intended illegal stay in the territory of the Republic of Poland, or
4) there is a suspicion of the person’s connection with and event of a terrorist nature, or
5) the person may have participated in terrorist training.
2. The organ which has taken the fingerprints or recorded the person’s facial image, shall transmit to the Commander in Chief of the Police the following:
1) image of the fingerprints or the facial image;
2) personal data of the person whose fingerprints or facial image have been taken;
3) information about the legal basis for taking the fingerprints or a record of the facial image.
3. The Commander in Chief of the Police:
1) enters the transmitted pictures, images and information referred to in Paragraph 2 hereinabove in the Police data bases;
2) makes the transmitted pictures, images and information available to the organs referred to in Paragraph 1, and allows them to be processed and updated for the purpose of the proceedings conducted by the said organs.
4. The Prime Minister shall specify, by means of an ordinance, the manner and mode of:
1) collecting the images of the fingerprints and recordings of the facial image of the person who is not a citizen of the Republic of Poland,
2) transmitting to the Commander in Chief of the Police the collected images of the fingerprints, the recorded facial image, and the information specified in Paragraph 2.
– bearing in mind the need to ensure efficient collection of fingerprint and facial images, as well as faithful imaging of the fingerprints and the facial images, and their transmission, without delay, to the appropriate organ of the Police.
