Wątpliwości wokół konstytucyjności sankcji karnych i administracyjno-karnych za naruszenie przepisów o ochronie danych osobowych
Doubts concerning the constitutionality of criminal sanctions and administrative fines for violating provisions on the personal data protection

Summary/Abstract: The provisions of both the General Data Protection Regulation (GDPR) and the Personal Data Protection Act (UODO) to the extent that they regulate criminal and administrative penalties not only create numerous constitutional and legal doubts, but also violate some of the guarantees established in the Constitution of the Republic of Poland, as well as in the Charter of Fundamental Rights of the European Union. It is not possible to equate the violation of personal data protection provisions and the violation of public interest, and to approve the application of criminal and administrative sanctions and their dimension in isolation from the fact and the degree of public interest violation. The attention of the legislator should focus not so much on sanctioning any violation of the provisions on the protection of personal data, but rather on effective counteracting and combating, by means of the aforementioned penalties and other measures, the most dangerous practices related to the processing of personal data. In the era of dynamic development of modern technologies and exerting an ever-increasing influence on the actual realization of constitutional rights and freedoms and fundamental rights, public authorities should show concern for the conduct of legal transactions to a much greater extent than before.

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