ochrona danych osobowych

  • Pozycja ustrojowa organu nadzorczego w świetle unijnego projektu rozporządzenia w sprawie ochrony osób fizycznych w związku z przetwarzaniem danych osobowych i swobodnym przepływem takich danych

    Author: Agnieszka Gajda
    Institution: Uniwersytet Gdański
    Year of publication: 2013
    Source: Show
    Pages: 53-76
    DOI Address: https://doi.org/10.15804/ppk.2013.01.03
    PDF: ppk/13/ppk1303.pdf

    On 25th January European Commission introduced draft Regulation Of The European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (general data protection regulation); as a result of EU data protection reform works. The Commission’s proposals, makes significant change in future position and role of Member States’ supervisory authorities. It will be a result of several precise duties imposed on those bodies, which regard execution of mutual cooperation principle as well as joint operations. Important meaning will also have relation between states supervisory bodies and the Commission,by virtue of consistency mechanism and legislator powers given to the Commission. Above mentioned proposals on legal solutions, lead to necessity to assess the principle of supervisory authorities’ independence (which is described in details and strengthened in the draft Regulation) in relation to European authorities. Although European legislator took care for several independency guarantees in organisational a financial manner, it is possible that in legal dimension the predicted purpose will not be achieved. Consistency mechanism proposed in draft Regulation is very wide in subjective scope and allows the Commission to control directly means taken by state supervisory bodies, by issuing implementing acts. As a consequence of such a mechanism, the independence ofthose bodies in relation to the Commission will be undoubtedly, significantly limited. It is disputable whether state supervisory authorities will be able to keep independence prescribed by article 47 p.1. of the draft Regulation, in its full scope. It must be emphasised that Regulation as directly applicable will become a part of domestic legal order in Poland. If it will come in to force in currently proposed wording, the polish supervisory authority – Inspector General for the Protection of Personal Data, will be a part of European data protection system, and will be obliged to fulfil its duties in respect of European Union authorities (The European Commission and European Data Protection Board).

  • Pozycja ustrojowa organu nadzorczego ochrony danych osobowych na przykładzie Polski

    Author: Magdalena Abu Gholeh
    Institution: Uniwersytet Wrocławski
    ORCID: https://orcid.org/0000-0003-0354-7581
    Year of publication: 2019
    Source: Show
    Pages: 163-181
    DOI Address: https://doi.org/10.15804/ppk.2019.04.09
    PDF: ppk/50/ppk5009.pdf

    Independent data protection authorities are of critical importance to the effective protec- tion of personal data. Even under the previous Directive EU Member States were obligated to provide a designated supervisory authority. The fundamental reform of EU data pro- tection law and adoption of General Data Protection Regulation has introduced a num- ber of changes in the data protection law area. It also affected the provisions on national data protection authorities. To adapt to the new regulatory regime Polish legislator has decided to establish a new supervisory authority. The President of Personal Data Pro- tection Office has replaced the previous Inspector General for Personal Data Protection. However it needs to be noted that current provisions raised questions about the position of The President in the whole regulatory framework. Therefore the aim of this paper is to review current law and to define the legal position of Polish data protection authority.

  • Independence of the President of the Personal Data Protection Office as a Guarantee for the Personal Data Protection System

    Author: Justyna Ciechanowska
    Institution: University of Rzeszów
    ORCID: https://orcid.org/0000-0002-6115-0147
    Year of publication: 2020
    Source: Show
    Pages: 261-274
    DOI Address: https://doi.org/10.15804/ppk.2020.06.21
    PDF: ppk/58/ppk5821.pdf

    The purpose of this study is to discuss the guarantees of independence of the national supervisory authority in the light of the provisions of Regulation 2016/679 and national constitutional and statutory provisions. Ensuring the independence of the supervisory authority is recognized as one of the basic European standards for the protection of personal data. Independence manifests itself in the impossibility of issuing guidelines as to the manner of operation, limiting or eliminating the possibility of interfering with pending proceedings, limiting the impact on staffing. It is the independence of the authority that is intended to ensure the effectiveness and credibility of the supervision of compliance with the provisions on the protection of personal data of individuals.

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