Aplikacja mObywatel a zagrożenia dla wolności obywatelskich i praw człowieka
The mObywatel Application and Threats to Civil Liberties and Human Rights

Summary/Abstract: This article offers an analysis of the legislation regarding the state app mObywatel, its functionality and its general nature as a state ICT tool in the context of potential threats it could pose to civil liberties and human rights. Technological development can be used to increase state control over citizens. Therefore, there are concerns, as mentioned by Giovanni Sartori, that new IT tools will facilitate the formation of a truly totalitarian apparatus. Accordingly, the question arises whether the solutions used in the mObywatel app can contribute to limiting civil liberties and human rights, and consequently, whether they can be considered a step towards building a totalitarian state. This paper posits that the mechanisms applied in the Act on the mObywatel app are embedded within the liberal democratic legal order and that, therefore, there is no direct threat that these provisions will be used to foster the creation of a totalitarian system. The analysis of the legislation employs the methodology used in dogmatic research and—to a lesser extent—comparative studies drawing on certain legal solutions employed by the People’s Republic of China.

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