The right to privacy versus state security – a conflict of constitutional values

Abstract

The dynamic development of technology has led to significant changes in the concept of right to privacy. Currently, it is primarily a virtual space in which we communicate with each other using computers, phones and tablets connected by a network. Cyberspace protection has now become one of the most frequently discussed security-related topics. This article describes the conflicts of two values expressed in the Polish Constitution: state security versus the right to privacy. It is important how the conflict: state security and the protection of individuals’ rights to privacy should be resolved, and which criteria are decisive for determining which of these rules takes precedence over the other.