Opinia prawna w sprawie łączenia stanowiska Generalnego Inspektora Ochrony Danych Osobowych z mandatem posła (senatora, posła do PE, radnego).
Legal opinion on the compatibility of the position of Inspector General for Personal Data Protection with the position of a Deputy(or Senator, (...)

Summary/Abstract: The purpose of this opinion is to answer the question whether a prohibition to jointly perform the position of the Inspector General for Personal Data Protection the position of a Deputy’s (a Senator, a councillor, or a Member of European Parliament) could be derived from Article 10 of the Act on Personal Data Protection? In the author’s view, it should be assumed that, under the above-mentioned provision, there is incompatibility of the position of Inspector General for Personal Data Protection with the position of Member of Parliament (Senator, Member of European Parliament) and that of a councillor. Beside the argument of linguistic ambiguity of the examined provision, this opinion could be supported by teleological interpretation and the direction to interpret ordinary laws in compliance with the Constitution.

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