Right to Request the Disclosure of Personal Data of an Entity Accused of Infringing Personal Rights on the Internet as a Part of the Right to a Fair Trial
Right to Request the Disclosure of Personal Data of an Entity Accused of Infringing Personal Rights on the Internet as a Part of the Right to a Fair Trial

Resolution of the Supreme Court of 6 August 2020, III CZP 78/19

Summary/Abstract: The gloss refers to the resolution of the Civil Chamber of the Supreme Court of 6 August 2020, III CZP 78/19, which significantly influences the understanding of the right to court realized as the right to a properly formed court procedure. From now on, the entity bound by telecommunications secrecy cannot refuse to provide a subscriber’s personal data in a case of infringement of personal rights, if it is the content represented via the internet that may constitute the basis for this infringement. However, this only applies to information that makes it possible to verify the claim that the act infringing personal rights was committed by the defendant in the case and only if it is the only way to prove these facts.

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