GI-DEC-DS-48/03


Mr X lodged with the voievode (province governor) a written request for blocking the processing of his personal data. Pursuant to Art. 32 paragraph 2 of the Act on the Protection of Personal Data, hereinafter called the Act, the voievode has redirected the request to the Inspector General for Personal Data Protection, hereinafter called the Inspector General. Mr X had applied for permission for settling on the territory of the Republic of Poland for a definite period. In connection with the above, the voievode considered it necessary to obtain information on the country of origin of the immigrant from the Director of Refugee and Asylum Proceedings Department of the Repatriation and Foreigner Office. As a result of being granted the information that Mr X had been convicted with a judgement, the voievode ordered Mr X to leave the territory of the Republic of Poland. Mr X has therefore moved to the Inspector General for blocking the processing of Mr X`s personal data and for erasuring them by the voievode. Mr X stated that issuing the decision ordering to leave the territory of the Republic of Poland by the voievode was a result of breaching Art. 27 of the Act. The Inspector General in the administrative decision stated that the voievode was legitimated to process sensitive data of Mr X on the basis of law provisions (the Act on Foreigners), therefore he could carry out acts heading to finding out the facts necessary to issue the permission for settling for a definite period. The voievode had therefore the right to collect personal data of the complainant in order to issue the relevant decision.

The Inspector General stated in the decision that there were no grounds to take the complaint into consideration.