Ochrona danych osobowych przy wnoszeniu podań do organów administracji publicznej w ogólnym postępowaniu administracyjnym. Część I
Protection of personal data in submitting applications to public administration bodies in general administrative proceedings. Part One

Summary/Abstract: The aim of this article is to indicate the general problems regarding the protection of personal data of participants in administrative proceedings in submitting applications to public administration bodies. Since May 4, 2019, general administrative proceedings are governed by the provisions of, among others, Articles 2a, 61 § 5, 61a § 1 sentence 2, 65 § 1a, 66 § 1 sentence 3 of the Polish Code of Administrative Procedure, applied in conjunction with Article 13(1) and (2), Article 15 and Article 18 of the General Data Protection Regulation (GDPR). The provisions of the Polish Code of Administrative Procedure indicate expressis verbis the moment of the execution of an obligation to share information by the authority and its form, while – in the remaining areas – the provisions of the GDPR, which determine the content of the information and the rules of its disclosure, shall apply. This matter is covered by two complementary studies, presented in parts. The first one specifies what is meant as a „submission” in the general administrative procedure, as well as outlines the acceptable forms and ways of submission of applications. It also defines the moment of the execution of an obligation to share information by the public administration body and the subjective scope of this obligation. The second part of the study analyses the form and scope of the obligation, describes how this obligation should be implemented in the event of a change in the purpose and scope of data processing and which rules determine its implementation. It is also specified how the scope of the execution of an obligation to share information by the public administration body appears in relation to the party’s legal representative. The assessment of amendments made to the Polish Code of Administrative Procedure is also conducted, mainly from the praxis and teleological point of view.

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