Bearing in mind that the Act on the Protection of Personal Data is still relatively new in the Polish legal system the particular role of administrative courts judgements in the interpretation of the provisions of this Act shall be stressed. Pursuant to Art. 184 of the Constitution of the Republic of Poland administrative courts exercise control over activity of the public administration. This provision meets its development in the regulation of Art. 21 paragraph 2 of the Act on the Protection of Personal Data which states that the decision by the Inspector General on the application to reconsider the case may be appealed against with the administrative court.

The hereunder presented summaries of the selected administrative court judgements do not reflect the full scope of the jurisdiction pertaining to the protection of personal data but they constitute only a review of some questions examined by the Inspector General for Personal Data Protection and subsequently submitted to the judicial review.

Considering a case from a complaint lodged by Y Joint Stock Company against a decision of the Inspector General for the Protection of Personal Data as regards the processing of Mr X`s personal data, the Supreme Administrative Court investigated the following facts of a case.

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Considering a case from a complaint lodged by Y Limited Liability Company against a decision of the Inspector General for the Protection of Personal Data as regards an order to erase Mr X`s personal data from the filing system kept by this company, the Voivodeship Administrative Court investigated the following state of a case.

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Considering a case from a complaint lodged by Partners of a Registered Partnership against a decision of the Inspector General for the Protection of Personal Data as regards the processing of Mr X`s personal data, the Voivodeship Administrative Court investigated the following state of a case.

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Mr X lodged with the Inspector General for Personal Data Protection, hereinafter called the Inspector General, complaint concerning processing of his data by Z Limited Liability Company. The offer to use the Z Limited Liability Company`s services has been delivered as a result of marketing action conducted by Y Limited Liability Company running amongst others Club K in which Mr X had membership. The Inspector General has ordered by means of administrative decision to restore the proper legal state by blocking of processing of Mr X`s data for marketing purposes as the company did not possess Mr X`s consent.

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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.

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The Inspector General for Personal Data Protection, hereinafter called the Inspector General, has received information that Powszechny Zakład Ubezpieczeń S.A. (Joint Stock Company), hereinafter called PZU, processed too wide scope of personal data of its clients in connection with concluding contracts on civil liability insurance of possessors of mechanical vehicles. It was said that the company required data on education and marital status, apart from the data necessary to conclude the contract.

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Y Limited Liability Company has sent, using a telephone number of Mr X, SMSes advertising entertainment TV programme B. Mr X has lodged with the Inspector General for Personal Data Protection, hereinafter called the Inspector General, a complaint then, requesting the issuance of a decision ordering blocking the data processing for the marketing purposes. The Inspector General refused Mr X to consider his complaint.

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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.

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