NADZÓR NAD PRZETWARZANIEM DANYCH OSOBOWYCH PRZEZ TRYBUNAŁ STANU JAKO NARUSZENIE NIEZALEŻNOŚCI SĄDU
THE STATE TRIBUNAL SUPERVISION OVER THE PROCESSING OF PERSONAL DATA AS A VIOLATION OF JUDICIAL INDEPENDENCE

Summary/Abstract: The Constitution of the Republic of Poland provides for obligations vested with public authorities within the limits, within which they are entitled for processing of personal data, which undoubtedly contributes to consolidation of rights of an individual. This constitutional limitation has been established by the principles of legalism and democratic state of law. Determination of a personal data controller as well as an inspector for protection of personal data in reference to proceedings before the Tribunal of State becomes relevant from perspective of a personal data subject. Determination of the Tribunal of State as personal data controller by virtue of an amendment to the Act on the Tribunal of State results in imposition of a num- ber of obligations based on the Regulation (EU) 2016/79 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repeal- ing Directive 95/46/EC. Acting as the body authorized for processing of personal data, the Tribunal is also responsible for compliance of the processing with applicable regulations. The Tribunal of State is the guarantor of exercise of rights and liberties vested with individuals, whose data are subject to processing within the scope of its activities.

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