The provincial administrative court of Warsaw has rejected the claim of the chief of the national inspector against the decision of the Personal Data Protection Authority of imposing an administrative sanction for an amount of 100.000 PLN for having whipped the inspection. 

The decision has been taken on the 23th of February 2021 behind-closed-doors (reference II SA/Wa 1746/20).

Due to the lack of the consent of GGK inside the field of the inspection activities, the UODO inspectors could not establish the following decisions.

First of all, how and on which legal basis, offering information by the land registry, by the internet system GEOPORTAL2 (geoportal.gov.pl), permits the access to personal data included into land and mortgage registers. Secondly, if GKK has implemented technical measures in order to guarantee the security of data 

The Office of Personal Data Protection, by keeping in mind the action approved by the GGK, which has made impossible to carry out the inspection, has revealed a breach into the General Data Protection Regulation’s disposals (GDPR), consisting in a lack of provision to the supervisory authorities the access to locals, equipments and facilities for carrying out the personal data processing and the access to data and personal information necessary for carrying out its tasks. 

In addition, GGK has not cooperated with the Personal Data Protection Authority during this inspection. 

The sentence of the administrative court of Warsaw confirms that the decision to impose the sanction was correct.

SOURCE: AUTORITA’ PER LA PROTEZIONE DEI DATI DELLA POLONIA – UODO