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4 Law & Admin. Post-Soviet Eur. 4 (2017)

handle is hein.journals/lape4 and id is 1 raw text is: E DE GRUYTER OPEN LAW AND ADMINISTRATION IN POST-SOVIET EUROPE THE JOURNAL OF KOLEGIUM JAGIELLONSKIE TORUNSKA SZKOLA WYZSZA VOL. 1/2017: 4- 3 DOI: 10.1515/lape-2017-0001 Tomasz A.J. Banys Radom Academy of Economics Joanna Luczak University of L6df Some aspects of controlling compliance with regulations regarding processing of personal data in Poland Key words: personal data protection, personal data protection authority in Poland, Inspector General for Personal Data Protection, controlling compliance with regulations regarding processing of personal data in Poland Introduction Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data' has intro- duced an obligation of each Member State to establish a supervisory authority responsible for monitoring the application within its territory of the provisions ad- opted by the Member States pursuant to the Directive2. Foundation of such authority and ensuring its status guaranteeing complete independence was seen by the European legislators as 'an essential component of the protection of individuals with regard to the processing of personal data''. In Poland, the only authority holding jurisdiction in personal data protection matters is the Inspector Gen- eral for Personal Data Protection ('Generalny Inspektor 1 O.J.L. 281, 23.11.1995, p. 31-50. 2 See also M. Jagielski, Prawo do ochrony danych osobowych. Standardy europejskie, Warszawa 2010, p. 165 ff. s Motive 62 of Directive 95/46/EC. Ochrony Danych Osobowych' - abbreviated as GIO- DO). It is a central public administration authority4, established by the Act of 29 August 1997 on the Protec- tion of Personal Data ('Ustawa o ochronie danych oso- bowych' - commonly abbreviated as UODO)5, which was the first normative act regarding the matter of pro- cessing and protection of personal data in Poland6. The act entered into force on 30 April 1998, but the provi- sions regarding GIODO preceded them, entering into force on 30 December 1997. This allowed for selection and appointment of the first GIODO by the Polish Parliament (technically, GIODO is appointed by the Diet of the Republic of Poland with the consent of the ' As defined by the Act of 14 June 1960 - Code of Admin- istrative Procedure, J.L.of 1960, no. 30, item 168, as amended. s J.L. of 1997, no. 133, item 883, as amended. 6 Prior to the Act on the Protection of Personal Data there were only a few norms regarding the matter, scattered over spe- cialized acts, such as the Act of29 September 1994 on Account- ing (J.L.of 1994, no. 121, item 591), which contained several such norms in Chapter 8 (article 71 et seq.).