II SA 412/02

In reference to the proceedings which was taking place before the Court of Appeal, Mr X was directed to Labour Medicine Institute in order to establish whether, from a point of view of the health condition, he is able to work. As a result of the above, Mr X lodged with the Inspector General for Personal Data Protection, hereinafter called the Inspector General, an application for issuing a decision ordering erasure of untrue data from the files of Labour Medicine Institute. Having considered that the application did not find its justification in the Act on the Protection of Personal Data and other provisions of law, the Inspector General has refused to consider the application. This position has been also shared by the Supreme Administrative Court which has stated that disclosure of personal data of Mr X concerning his health condition to the court of law in connection with the proceedings carried out, for which the data are necessary, is lawful according to the regulatory environment. The Supreme Administrative Court also underlined that appraisal whether the data on Mr X`s health condition disclosed to the court in the medical opinion are improper is subject to a substantial verification carried out in completely different procedure that the control of personal data rules compliance carried out by the Inspector General.

Because of the above there were no grounds for the Inspector General to intervene in the case concerned.