Kopiowanie przez kontrolujących informatycznych nośników danych kontrolowanego. Postanowienie SOKiK z 7 marca 2017 r., XVII Amz 15/17
Copying by inspectors of IT data carriers of the inspected party. Judgement of the SOKiK of 7 March 2017 in case XVII AmA 15/17

Summary/Abstract: The article presents the possibility of copying by inspectors of IT data carriers of the party under inspection, without selecting which information contained therein is necessity to achieve the aim of the inspection, and reviewing those records in the seat of the Polish Competition Authority (UOKiK) in the light of the judgment of the Competition and Consumer Protection Court dated 7 March 2017 no XVII Amz 15/17. This analysis is based on the interpretation of the applicable regulations under the Polish Competition Act in terms of the scope of an inspection and the inspected party’s rights protection. The author also sets out the jurisprudence of the Court of Human Rights and the Court of Justice of the European Union concerning the selection of information placed on IT data carriers and IT solutions currently available for use in this area. The article contains the assessment of the qualification by the court of the copying of IT data carriers by the Polish NCA as ‘securing the evidence’ indicating a number of premises that were not taken into account by the court in resolving the matter being the subject of the judgment

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