Problemy ochrony danych osobowych na tle orzecznictwa sądów administracyjnych
Personal data protection problems in the context of the jurisprudence of administrative courts

Summary/Abstract: The aim of the study is to present the most important legal problems that emerged in the jurisprudence of administrative courts in connection with the control of the activities of the President of the Office for Personal Data Protection. The several-year application of the provisions of the General Data protection regulation (GDPR) allows for the identification of substantive and procedural law issues that are particularly important for the control of decisions and provisions, as well as inactivity and excessive length of proceedings in cases of violation of the provisions on the protection of personal data. Noteworthy are the issues raised in the jurisprudence, such as the relationship between the GDPR and national regulations, directives for the interpretation of the provisions of the GDPR, the scope of competencies of the President of the Personal Data Protection Office as a supervisory authority, the forms of its action, the scope of obligations of data controllers and the rights of entities whose data is processed. Also included are procedural issues related to the application of the provisions of the Code of Administrative Procedure to proceedings conducted by the President of the Office for Personal Data Protection and their characteristic features, such as deadlines for settling cases, control proceedings, single-instance status determination of the amount of an administrative fine, referred to in the judicature.

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