- Author:
Magdalena Abu Gholeh
- E-mail:
magdalena.abugholeh@uwr.edu.pl
- 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
Position of data protection authority on the example of Poland
Independent data protection authorities are of critical importance to the effective protection 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 protection law and adoption of General Data Protection Regulation has introduced a number 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 Protection 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.
- Author:
Mariusz Jabłoński
- E-mail:
mariusz.jablonski@uwr.edu.pl
- Institution:
University of Wrocław
- ORCID:
https://orcid.org/0000-0001-8347-1884
- Author:
Dominika Kuźnicka-Błaszkowska
- E-mail:
dominika.kuznicka@ uwr.edu.pl
- 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.
- Author:
Agnieszka Piskorz-Ryń
- E-mail:
a.piskorz.ryn@uksw.edu.pl
- Institution:
Uniwersytet Kardynała Stefana Wyszyńskiego
- ORCID:
https://orcid.org/0000-0001-9788-0988
- Author:
Marlena Sakowska-Baryła
- E-mail:
m.sakowskabaryla@kancelariasbc.pl
- Institution:
Uniwersytet Łódzki
- ORCID:
https://orcid.org/0000-0002-3982-976X
- Year of publication:
2023
- Source:
Show
- Pages:
203-214
- DOI Address:
https://doi.org/10.15804/ppk.2023.06.15
- PDF:
ppk/76/ppk7615.pdf
The Act on the State Commission for Investigation of Russian Influences vs. Personal Data Protection
The purpose of the article is to analyze the provisions of the Law on the State Commission for Investigating Russian Influences on the Internal Security of the Republic of Poland for 2007–2022 and its impact on the application of the provisions shaping the system of personal data protection. The text points out the numerous shortcomings of the provisions of this law, its inconsistency with the provisions of the Constitution and its inconsistency with the provisions of RODO – the General Data Protection Regulation, the provisions of the Law on Personal Data Protection and the Law on the Protection of Personal Data Processed in Connection with Preventing and Combating Crime. The analysis shows that the Commission’s action may significantly harm human freedoms and rights, including privacy and the right to the protection of personal data, and the manner of its action is contrary to the principles of a democratic state of law.
- Author:
Dominika Kuznicka-Blaszkowska
- E-mail:
d.kuznicka@gmail.com
- Institution:
University of Wroclaw
- ORCID:
https://orcid.org/0000-0001-8804-569X
- Year of publication:
2024
- Source:
Show
- Pages:
249-260
- DOI Address:
https://doi.org/10.15804/ppk.2024.03.18
- PDF:
ppk/79/ppk7918.pdf
The question of adequacy of data protection model in the United States is one of the most important in transatlantic business and politic relations. The fact that European Commission’s decisions recognizing the adequacy have been annulled twice put relations between EU and US in very difficult phase. In this article I aim to analyse whether basis guarantees for privacy protection in the United States in the shape of the Fourth Amendment to the US Constitution are adequate in the meaning of data protection model in EU. By looking at the practice of interpreting of the Fourth Amendment and art. 8 of European Convention of Human Rights, in line with police directive and GDPR I try to answer the questions if the Fourth Amendment protection gives enough guarantees to ensure respect towards privacy and data protection rights of individuals.