II SA 1620/01

The Inspector General for Personal Data Protection, hereinafter called the Inspector General, has ordered the Inspector General of Customs, by means of an administrative decision, to destroy data collected during the tests carried out with polygraph usage and to stop collecting the data as they are not adequate in relation to the purposes for which they are processed. Following the above, the Inspector General of Customs has lodged a complaint against the Inspector General`s decision to the Supreme Administrative Court. The Supreme Administrative Court has shared the Inspector General`s position pointing out that the data collected during the polygraph tests are not only non-adequate in relation to the purposes, because of their scope, but their relevance, is also doubtful because of the way they are collected. It needs to be stressed that the scope of the data collected during polygraph tests was much wider that the scope of data collected by other means. The Supreme Administrative Court added that results of polygraph tests, although they were voluntary, violate personal rights and freedoms of the tested persons.

Because of the above, the Supreme Administrative Court has recognised that while issuing this decision the Inspector General did not violate the law.