RODO

  • 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.

  • “Disproportionate Effort” in the Meaning of Article 14 of the General Data Protection Regulation

    Author: Mariusz Jabłoński
    Institution: University of Wrocław
    ORCID: https://orcid.org/0000-0001-8347-1884
    Author: Dominika Kuźnicka-Błaszkowska
    Institution: University of Wrocław
    ORCID: https://orcid.org/0000-0001-8804-569X
    Year of publication: 2021
    Source: Show
    Pages: 505-518
    DOI Address: https://doi.org/10.15804/ppk.2021.06.40
    PDF: ppk/64/ppk6440.pdf

    One of the main goals of the General Data Protection Regulation was to harmonize the way personal data is being protected in all Member States. This goal will not be achieved if a similar interpretation of its provisions does not accompany the application of the GDPR. It is particularly important when meaning is assigned to an indefinite phrase that different authorities and entities can understand variously as they apply the same law in each Member State. The phrase in question is that of “disproportionate effort” as used in Art. 14 para. 5 letter b of the GDPR. The article is intended to provide an exemption from complying with the controller’s obligation to provide information (where personal data have been obtained indirectly). Since the right to be informed about collecting and using personal data is one of the fundamental rights granted to the data subject under the GDPR, a uniform application of the standard laid down in Art. 14 of the GDPR is of importance to ensure.

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