Abstract

The Author thoroughly examines the objectives and scope of Directive 2016/680, focusing on the challenges of its implementation within the Polish legal system. The analysis covers both the historical and legislative context of the Directive, as well as an in-depth exploration of practical difficulties faced by state authorities. Dogmatic and comparative methods have been applied to evaluate the implementation relative to other EU Member States. The study also provids an analysis of the CJEU case law, highlighting gaps and ambiguities in the transposal of the provisions.
The article addresses the complexities as regards identifying the authorities responsible for application of the provisions, their relation with the GDPR, and issues concerning oversight of data processing, particularly in courts and prosecution offices. Special attention is given to exemptions from supervisory oversight and their compliance with EU regulations. The results indicate that the absence of precise regulations impedes the implementation of the Directive’s fundamental objectives, directly affecting protection of civil rights.
The Author emphasizes that although the transposing provisions have been formally adopted, their practical effectiveness remains limited, posing challenges for supervisory bodies and legislators. The article’s conclusion is that legislative amendments are needed to enable more transparent application of the provisions and to ensure better protection of individual rights, meeting the requirements of transparency and proportionality.