Gloss to the Judgment of the Supreme Administrative Court in Warsaw of 2 February 2023, file ref. no. III OSK 3945/21

Judgment of the Supreme Administrative Court in Warsaw of February 9, 2023, III OSK 3945/21 concerns the decision of the President of the UODO regarding inadequate security measures used by the Morele.net online store, which resulted in unauthorized access to the store’s customer database. One of the disputed issues resolved is whether the President is competent to independently assess whether the technical and organizational measures used by a party to administrative proceedings to protect personal data were “adequate”, which undoubtedly requires special knowledge. The court’s position is that the President should not ascribe expertise to himself just by virtue of being a public administration body, even with a special status. The judgment should prompt the President to develop an effective methodology for its control activities. Otherwise, the authority won’t be able to refute the accusation of subjectively created objectivity shaped in jurisprudence, as well as the selective equality of administrators.