Administrative decisions issued by the Inspector General for Personal Data Protection
Pursuant to the provisions of Art. 22 of the Act of August 29, 1997 on the Protection of Personal Data (unified text: Journal of Laws of 2002 No. 101, item 926 with later amendments) the proceedings with respect to the matters regulated by this Act shall be conducted pursuant to the provisions of the Code of Administrative Procedure, unless other provisions of the law state otherwise. The above statement means that cases the Inspector General for Personal Data Protection deals with are settled in an administrative way. It needs to be stressed that administration of norms of the substantive law in the course of administrative proceedings results in issuing an administrative decision which establishes rights and/or obligations of the entities which are not organisationally subordinated to the body issuing the decision. This rule is reflected by Art. 18 of the Act on the Protection of Personal Data, which states that in case of any breach of the provisions on personal data protection, the Inspector General for Personal Data Protection ex officio or upon a motion of a person concerned, by means of an administrative decision, shall order to restore the proper legal state.
The hereunder presented summaries of the selected administrative decisions issued by the Inspector General for Personal Data Protection are only an extract from the activity of this personal data protection authority.
In the course of the proceedings conducted in the case instituted as a result of a complaint filed by Mr A about groundless - in the Complainant`s opinion - transfer of his data to vindication company K Co. Ltd. Co. by Operator Co. Ltd., with which the Complainant concluded a subscription contract, the Inspector General for the Protection of Personal Data stated that the contract of authorisation to transfer these data, referred to in Art. 31 of the Act on the Protection of Personal Data, concluded between these subjects was a ground for the transfer.
Mr X filed a complaint to the Inspector General in the case of the processing of his data by TFI "A" S.A. (investment funds association - authority managing the investment fund in which Mr X participated) by disclosing his data to the Bank, although Mr X objected to the processing of his personal data for marketing purposes.
The Inspector General for Personal Data Protection, hereinafter called the Inspector General, has received information that Company X upon concluding with natural persons contracts on provision of telecommunication services in the framework of network Y collects their personal data, including image and description by copying specified documents, in particular ID Cards.
Mr X has lodged with the Inspector General for Personal Data Protection, hereinafter called the Inspector General, a complaint applying for undertaking the relevant actions towards Company Y in connection with its deeds which consisted in sending twice to the reserved telephone number of Mr X SMSes concerning the European Referendum on the behalf of third party Z.
In the application directed to the Inspector General for Personal Data Protection, hereinafter called the Inspector General, a Hospital (District Independent Public Health Care Unit) turned for ordering the National Insurance Agency to disclose to it personal data of persons to whom it had provided health services in the scope answering whether the health insurance contribution for these persons for given address has been paid.
Mr X has lodged with the Inspector General for Personal Data Protection, hereinafter called the Inspector General, a complaint concerning disclosure of his personal data by a Building Cooperative to unauthorised persons. As a result of filing by Mr X an appeal against the resolution, which was issued in the first instance by a Supervisory Board, the Management Board of the Cooperative convened the Assembly of Representatives of Cooperative Members notifying the representatives of cooperative members on the agenda and sending them correspondence carried out with Mr X, in which his personal data were placed.
As a result of receiving an excerpt from bank account with Bank and Insurance Society Joint Stock Company`s marketing offer enclosed, Mr X lodged with the Inspector General for Personal Data Protection, hereinafter called the Inspector General, a complaint pertaining to the processing of his personal data for the purposes of marketing of products and services of the third entity.
Mrs X applied to the Inspector General for Personal Data Protection, hereinafter called the Inspector General, for ordering the Bank to erase her personal data since the data are redundant for realisation of the purpose for which they were collected. After termination of the contract concluded with the Bank and paying all the dues resulting from running the account Mrs X has received information that she owes the Bank some money. Simultaneously, Mrs X personal data were transferred to a lawyer`s office cooperating with the Bank, which forwarded a preexecutive call to pay the dues to Mrs X. In the course of inner explanatory proceeding carried out by the Bank it was established that Mrs X`s has been recognised as a Bank debtor as a result of false entry in the banking accounting and transactional system.
In connection with the President of District Court`s in K. refusal reasoned with personal data protection of disclosure of a list of medical experts appointed by court to Mr X, the latter has lodged with the Inspector General for Personal Data Protection, hereinafter called the Inspector General, a complaint. Pursuant to the current legal state the presidents of law courts are obliged to keep lists of experts appointed by courts containing data in a strictly defined scope.
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.