Przepisy regulujące zakaz fotografowania obiektów szczególnie ważnych dla bezpieczeństwa lub obronności państwa, obiektów resortu obrony narodowej oraz obiektów infrastruktury krytycznej

The opinion analyzes selected legal problems related to the prohibition of photographing objects of particular importance for the security or defense of the state, introduced in the Act on Homeland Defence. The author points out that the failure of the Minister of Defence to issue a regulation that specifies the procedure for issuing permits for photographing such objects prevents the application of regulations prohibiting their photography. It is also indicated that military units may be classified, as objects of particular importance for the security or defense of the state, objects of the Ministry of National Defence or objects of critical infrastructure. The author believes that, crucial to the ability to enforce the prohibition of photography of a particular object is necessary to mark it with a sign prohibiting photography. A potential problem in the application of the prohibition of photography provisions may be the vagueness of the regulations designating the entity authorized to decide on the prohibition. The opinion also describes the jurisdiction of the Police and Military Police to prosecute perpetrators of such offenses, as well as the subject matter jurisdiction of common and military courts to adjudicate the indicated cases.