Reforma krajowych przepisów o ochronie danych a kwestia niezależności organów nadzorczych na tle rozporządzenia 2016/679 i dyrektywy 2002/58 – uwagi krytyczne
The reform of Polish data protection law and the issue of the independence of the supervisory authority in the context of Regulation 2016/679 and Directive 2002/58 – a critical view

Summary/Abstract: The article discusses the genesis of the principle of independence, the way it is defined, as well as the consequences for the legal status of the supervisory authority body. The concept of ‘complete independence’, introduced by the provisions of Directive 95/46, is presented along with its fundamental importance for understanding the legal position of data protection authorities appointed in EU Member States. Differences between ‘complete independence’ and the independence of supervisory authorities in the area of electronic communications are indicated. Polish experiences related to the implementation of relevant EU laws are discussed, using the example of the GIODO and the President of the Office of Electronic Communications (UKE). The draft of the new Polish Data Protection Act is analyzed in the last part of the article, in particular the rules leading to the appointment of a new supervisory body - the President of the Data Protection Office. In summary, key areas are identified that need clarification in order to avoid the risk of introducing laws that may be considered incompatible with EU regulations

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