Protection of Personal Data Processed by Advocates Cover Image

Ochrona danych osobowych przetwarzanych przez adwokatów
Protection of Personal Data Processed by Advocates

Author(s): Piotr Poniatowski
Subject(s): Law, Constitution, Jurisprudence, Transformation Period (1990 - 2010)
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: protection of personal data; processing of personal data; data controller; professional secrecy;

Summary/Abstract: The article is devoted to the problem of processing personal data by advocates. Much of the discussion is devoted to establishing the status of a advocate in the light of the Personal Data Protection Act of 29 August 1997. The author tries to distinguish when the advocate acts as a controller of personal data and when as their processor to whom that task has been assigned by the controller according to Art. 31 of the above mentioned act. The criteria for making data processing legitimate as well as the duties of an advocate connected with such data processing are also discussed. The author also stresses the consequences of the obligation to keep professional secrets from the point of view of the Personal Data Protection Act and from the point of view of control by the Inspector General for the Protection of Personal Data. In conclusion, the author points to the fact that the regulations referring to the protection of personal data are not adapted to the conditions in which advocates are working which, in turn, causes difficulties in complying with the obligations established by these regulations.

  • Issue Year: 26/2017
  • Issue No: 2
  • Page Range: 87-110
  • Page Count: 24
  • Language: Polish