Personal data protection problems in the context of the jurisprudence of administrative courts

Martyna Wilbrandt-Gotowicz

Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie

Abstract

The aim of the study is to present the most important legal problems that
emerged in the jurisprudence of administrative courts in connection with the
control of the activities of the President of the Office for Personal Data Protection. The several-year application of the provisions of the General Data
protection regulation (GDPR) allows for the identification of substantive and
procedural law issues that are particularly important for the control of decisions
and provisions, as well as inactivity and excessive length of proceedings in
cases of violation of the provisions on the protection of personal data. Noteworthy are the issues raised in the jurisprudence, such as the relationship
between the GDPR and national regulations, directives for the interpretation
of the provisions of the GDPR, the scope of competencies of the President of
the Personal Data Protection Office as a supervisory authority, the forms of
its action, the scope of obligations of data controllers and the rights of entities
whose data is processed. Also included are procedural issues related to the
application of the provisions of the Code of Administrative Procedure to proceedings conducted by the President of the Office for Personal Data Protection
and their characteristic features, such as deadlines for settling cases, control
proceedings, single-instance status determination of the amount of an administrative fine, referred to in the judicature.

Keywords:

data protection, General Data Protection Regulation, the President of the Office for Personal Data Protection