PolandGDPR Articles 12-21 and Act of 10 May 2018 Articles 92-97, Data Subject Rights in Poland
In force since .
A data subject rights rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment, Market targeting, User location, Place of effect
- Audit expectation
- none
What it requires
- Honor a person's request to access, rectify, erase, restrict, port, or object to processing of their personal data in Poland within one month of receipt.
These lines are LexLint's reading of the law's text. Also read by: Urząd Ochrony Danych Osobowych (UODO) (guidance, recorded ); Case C-307/22 FT v DW, judgment of (First Chamber) (recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62022CJ0307
- Guidance link
- https://uodo.gov.pl/pl/645/4097
- Case citation
- Case C-307/22 FT v DW, judgment of (First Chamber)
- Guidance body
- Urząd Ochrony Danych Osobowych (UODO)
- Open questions
- Does Article 95 of the Act of , which stays a court case 'dotycząca tego samego naruszenia' (concerning the same infringement) once the President of UODO has opened one, stay a claim under GDPR Article 79 that seeks access to data rather than damages?
What it makes you log
Logging duty
Articles 12 to 21 set how and when a controller answers a rights request. They state no duty to create, keep or produce a log or record of the request or the answer. Articles 92 to 97 of the Act, as the consolidated text numbers them, govern civil claims under GDPR Articles 79 and 82; Article 94 has the court notify the President of the Office of a claim and of the final judgment, a notice between public bodies and not a record the controller keeps.
- Kind
- None
- As of
What this law does
Under General Data Protection Regulation (GDPR) Articles 12 to 21, a person in Poland can ask a controller for access to their personal data and for its rectification, erasure, restriction or portability, or object to its processing, and the controller must answer within one month, a period it may extend by two further months for complex or numerous requests.
The Act of adds no restriction on these requests but sets the court route for a claim under GDPR Article 79 or 82: the regional court hears it, it is stayed while the President of the Personal Data Protection Office has proceedings open on the same infringement, the Civil Code applies to what the Regulation leaves open, and a final finding of infringement by the President or an administrative court binds the court hearing a damages claim.
When LexLint raises it
When your app profile says your app processes personal data.
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Page updated .