Journal of Modern Science (Jul 2018)

Plenipotentiary for control of processing of personal data in The Central Anticorrupion Burea and his guarantee function

  • Tomasz Wierzchowski

DOI
https://doi.org/10.13166/jms/91583
Journal volume & issue
Vol. 37, no. 2
pp. 191 – 202

Abstract

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Objectives The Central Anticorruption Bureau as a special service of the Polish state, constitutes a new quality in public life. His actions may pose a threat to the constitutional rights of the individual. In order to monitor the process of protection of personal data in this institution, the Proxy for the Control of Personal Data Processing was appointed in the Office. None of the Polish special services has such an institution. Material and methods Data from the CBA publication and articles and studies describing the roles and tasks of the CBA Results The broad autonomy of the Plenipotentiary and the special way of its dismissal is one of the essential guarantee elements of the independence of its activities. In this context, it can be stated that the Plenipotentiary performs a guarantee function for the protection of personal data. A similar remark should be made regarding the implementation of constitutional civil rights in the scope of privacy protection - including personal data. It should be noted, however, that this protection would be more complete if the provisions of the Act on the Central Anticorruption Bureau allowed for the appointment of a proxy also among other persons, including those from outside the CBA Conclusions The Central Anticorruption Bureau has an institutionalized system of personal data protection, properly anchored in legal regulations, with real protection possibilities.

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