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2017-11-02

More than 140 pages of GIODO remarks on draft legislation on personal data protection

The Inspector General for the Protection of Personal Data (GIODO) published its remarks regarding the draft bills prepared by the Ministry of Digital Affairs: new Act on Personal Data Protection and act amending numerous sectoral laws. The bills shall “accompany” the regulation 679/2017 on personal data protection (General Data Protection Regulation – GDPR), which shall apply directly from 25 May 2018 in all EU member states.

The remarks submitted by GIODO include, among others, objections pertaining to the following matters:
 

  • lower level of personal data protection – in the GIODO’s assessment the bills introduce far too lax rules on personal data processing, thus lowering the safety of personal data subjects;
     
  • violation of independent status of the supervisory authority – according to the GIODO the bills allow for increased politicization of the supervisory authority and shortening the term of the office in violation of the EU law; 
  • ungrounded 400-fold abatement of administrative fines for public entities - in the GIODO’s assessment reduction of the maximum amount of the administrative fine from 20 mln euro to 100.000 PLN for public entities makes the administrative fines unable to fulfill their role laid down in GDP (i.e. to be effective, proportionate and dissuasive);
     
  • unreasonably lax rules on children consent for personal data processing – according to the GIODO the proposed age of consent (13 years old) is too low and thus carries numerous risks for children, who may disclose their personal data in the Internet without realizing the consequences of such decision.

The GIODO also pointed out a whole series of issues regarding proposed changes in sectoral laws, including labour law (e.g. employee’s consent for personal data processing by his employer), banking law (e.g. admissibility of demanding personal data relating to criminal convictions and offences from employees and candidates for employees), regulations on official statistics and regulations on PESEL national identification number.

The GIODO remarks were submitted as a part of the public consultation on the bills, which lasted until the end of October and during which stakeholders submitted more than 1000 remarks to the draft legislation. At the present time the Ministry of Digital Affairs is working on the new iteration of the bills accommodating the submitted remarks.


The GIODO’s position on draft legislation is available at the following address:

http://www.giodo.gov.pl/pl/1520280/10202 

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