Ochrona prawa do prywatności w Polsce w świetle RODO
Protection of the right to privacy in Poland in the light of the GDPR

Summary/Abstract: The provisions of the GDPR in force as of 25.05.2018 form the basis for the creation of a new system for the protection of personal data (protection of the right to privacy) at the EU level, its member states and in individual entities subject to them. Although the Regulation requires compliance to clearly defined rules, it gives the entities to which it applies the possibility to introduce various organizational solutions and means of protection depending on the nature of the organization, its conditions and needs. We have passed the first stage of implementing the new regulations, characterized by uncertainty and information chaos, sometimes accompanied by the fear of high fines. Now, we are entering a phase of greater certainty of action (legal certainty). Undoubtedly, there is no judicial interpretation of the provisions of the GDPR. On the other hand, the jurisprudence regarding the right to privacy, guidelines of the socalled Working Group, art. 29, and on a regular basis - the guidelines and explanations of state authorities responsible for the implementation of the new EU law prove very helpful. The experience gained, not only in the form of good examples, but also the conclusions drawn from bad practices, referred to as „GDPR absurdities”, is becoming more and more valuable. These situations have made us realize how dangerous it can be to misinterpret law when such an interpretation is done in isolation from the essence of the law. The protection of personal data, although subject to an independent legal regime, is not only a value in itself. It is to serve first and foremost the individual and the social welfare and, consequently, the proper functioning of public and private sector entities to which the provisions of the GDPR apply. The purpose of this article will be to present the basis of the privacy protection system in the light of the GDPR, and - taking into account less than one year of the functioning of the GDPR - an attempt to formulate proposals that at the current stage seem to be of crucial importance for the process of further development of the personal data protection system.

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