Complaint procedure for breach of data protection legislation Cover Image

Postępowanie skargowe w sprawie naruszenia przepisów o ochronie danych osobowych
Complaint procedure for breach of data protection legislation

Author(s): Małgorzata Szalewska
Subject(s): Human Rights and Humanitarian Law, EU-Legislation, Administrative Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: administrative proceedings; data protection; GDPR; complaint;

Summary/Abstract: The procedure of complaint about infringement of provisions on the protection of personal data is a jurisdictional administrative procedure aimed at protecting the individual rights of the complainant, by resolving their complaint about the infringement of the law and by taking remedial measures by the competent authority which remedy the effects of the infringement both concerning the legal situation of the complainant and the public interest. This study aims to present the key elements of the jurisdictional administrative procedure, regulated in Chapter VII of the uodo, which allows determining its specificity and possible distinctions. The shape of the proceedings in question is fundamentally influenced by the co-application of EU and national procedural norms, including the subsidiary application of the Code of Administrative Procedure. The procedure shaped in this way corresponds to the model of classic administrative proceedings with clearly marked distinct features determined by the implementation of the substantive law on personal data protection, which is particularly visible in the way the administrative case is settled.

  • Issue Year: 2021
  • Issue No: 54
  • Page Range: 597-614
  • Page Count: 18
  • Language: Polish