Abstract

The gloss refers to the issues raised in the judgement of the Supreme Administrative Court of 21 August 2013 (I OSK 1666/12):

1) whether Art. 18.6 of the Electronic Provision of Services Act restricts sharing of personal data relating to electronic provision of services exclusively to the authorities of the state for the needs of the proceedings conducted by them;

2) whether following rescission of Art. 29 and Art. 30 of the Personal Data Protection Act the General Personal Data Protection Inspector is authorized, under Art. 23.1.5 of the said Act, to order a provider of a service (e.g. Internet forum) to share personal data of the user in case it is requested by a person intending to identify that user in order to seek legal remedy against that user.

Answering the first question, the author explains that Art. 18.6 does not restrict availability of personal data so far. Such protection is extended only upon introduction of statutory confidentiality. On the other hand, as regards the latter issue, the author believes that Art. 23.1.5 does not provide sufficient grounds for the General Inspector to order sharing of personal data in the situation as described above. Data administrators (service providers) are not obliged by that provision to consider the requests for sharing personal data that are addressed to them.