Data Protection in Poland: Difference between revisions

Revision as of 12:49, 16 December 2020

Data Protection in Poland

Data Protection Authority:	UODO (Poland)
National Implementation Law (Original):	Ustawa o ochronie danych osobowych
English Translation of National Implementation Law:	English Translation
Official Language(s):	Polish
National Legislation Database(s):	Link
English Legislation Database(s):	n/a
National Decision Database(s):	Link

Legislation

History

The first legal act in Poland regulating the protection of personal data was:

Personal Data Protection Act of August 29, 1997 (UODO).

On May 10, 2018, the Parliament of the Republic of Poland adopted the new act "General Data Protection Regulation" (RODO), which replaced the 1997 law.

The Act ensures the application of Regulation (EU) 2016/679 of the European Parliament and of the European Council, which was directly applicable in the Polish legal order and has been in force since May 25, 2018.

The same act also establishes a new data protection authority - the President of the Personal Data Protection Office (UODO).

The act entered into force on May 25, 2018.

National constitutional protections

Everyone has the right to the protection of their personal data.

This right is guaranteed in Art. 51 of the Polish Constitution, Art. 8 of the EU Charter of Fundamental Rights, as well as Art. 16 of the Treaty on the Functioning of the EU.

The Constitution of the Republic of Poland - the highest legal act of the Republic of Poland, adopted on April 2, 1997 by the National Assembly, approved in a national referendum on May 25, 1997, announced in the Journal of Laws: Journal of Laws No. of 1997 no. 78, pos. 483.

Poland joined the Council of Europe on November 26, 1991, at the same time signing the European Convention on Human Rights.

The Convention was ratified on January 19, 1993 and entered into force on the same day in Poland.

Poland has been a member of the European Union since May 1, 2004.

National GDPR implementation law

In Poland the GDPR is implemented by the [Ustawa o ochronie danych osobowych} "General Data Protection Regulation" (RODO) May 10, 2018.

By the Act of amendments to sectoral regulations - February 21, 2019. - changes were made to over 160 acts regulating various sectors and areas of the economy (including: public administration, education, human resources, telecommunications market, banking, medical activities, insurance activities, legal and advisory activities) in connection with application of Regulation (EU) 2016/679 of the European Parliament and of the European Council of April 27, 2019 on protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC .