On the effectiveness of disaffiliation from the Catholic Church: comments on the decision of November 28, 2018 issued by the President of the Office for Personal Data Protection Cover Image

W sprawie skuteczności wystąpienia z Kościoła Katolickiego: uwagi dotyczące decyzji z dnia 28 listopada 2018 r. wydanej przez Prezesa Urzędu Ochrony Danych Osobowych
On the effectiveness of disaffiliation from the Catholic Church: comments on the decision of November 28, 2018 issued by the President of the Office for Personal Data Protection

Author(s): Michał Czelny
Subject(s): Christian Theology and Religion, Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Canon Law / Church Law, Sociology of Religion, Court case
Published by: Katolicki Uniwersytet Lubelski Jana Pawła II - Wydział Prawa, Prawa Kanonicznego i Administracji
Keywords: religious organizations; religious freedom; state-church relations; personal data processing; autonomy and independence; apostasy; Catholic Church; personal data protection;ochrona danych osobowych;

Summary/Abstract: On November 22, 2018, the President of the Office for Personal Data Protection (hereinafter POPDP) issued a decision related to the issue of updating personal data by a person who has disaffiliated from the Catholic Church. The paper analyzes this decision in order to answer the question whether in the current legal situation POPDP has the competence to resolve, by administrative decisions, complaints of natural persons related to compliance with the provisions laid down by the Catholic Church in the area of personal data protection. When justifying the above-mentioned decision, POPDP referred to several significant provisions of the currently applicable law, including the EU law, state law and church law. In the decision, POPDP confirmed the already established practice regarding matters connected with the issue of updating personal data of persons who have disaffiliated from the Catholic Church. In the conclusion, it was stated that POPDP had no competence to resolve complaints of natural persons related to compliance with the provisions laid down by the Catholic Church in the area of personal data protection.

  • Issue Year: 2020
  • Issue No: 23
  • Page Range: 525-537
  • Page Count: 13
  • Language: Polish