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27-11-2014

Poland is set to enact regulations clarifying the position of an increasingly important corporate officer—the data protection official

Poland’s Personal Data Protection Act currently contains just one provision referring to data protection officials—individuals charged with making sure that personal data are protected within a company.

Under Art. 36(3), a data controller shall appoint a data protection official to supervise compliance with data protection rules unless the controller itself performs such activities. But the act does not define the position of the data protection official in the structure of the firm, the officer’s specific duties and scope of liability, or what legal relationship connects the data protection official with the data controller.

This makes companies wonder whether or not the practices they apply to protect data internally are in compliance with the Personal Data Protection Act and what would happen if they were checked by the Inspector General for Personal Data Protection (GIODO). The worry is that GIODO may find irregularities that the companies are not even aware of.

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Source: Magdalena Koniarska, American Investor, Fall 2014

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