Abstract

The notion of MPs’ and senators’ duty of confidentiality is not clearly expressed in the Polish legal system. There is no general statutory regulation indicating the existence of those duties of confidentiality. Protection extends to the data referred to in the act on protection of classified information, secrets protected under special regulations, and personal rights of other persons, in particular the data of people who provided certain information or opinions to an MP. What is important MPs are bound by the duty of confidentiality in the course of their term of office and thereafter. On the other hand, the possible duty of confidentiality with respect to information which may be available to MP’s (senator’s) staff and assistants has not been regulated. A condition for parliamentarians’ access to classified information and materials is that such a request should be linked to the performance of parliamentary duties. The entities which they may request to provide that information have been additionally specified. The regulations do not provide for the possibility of relieving anyone of the duty of confidentiality by certain bodies of the Sejm of Senate. Since that duty is stipulated by special regulations it may be lifted in accordance with the principles described therein. As regards any possible liability of an MP or senator for violations of the duty of confidentiality, in particular disclosure of information. the problem is complex and should be considered in the context of the constitutional provisions concerning parliamentary immunity. Such liability will differ depending on whether immunity is of a material or merely a formal nature.