Glosa do Wyroku Naczelnego Sądu Administracyjnego z dnia 25 sierpnia 2020 r., sygn. akt I OSK 3325/19

The commented judgment concerns the issues of protection of personal data in the activities of the Institute of National Remembrance. In the judgment of 25 August 2020, the Supreme Administrative Court decided that the information contained in the files of the Institute of National Remembrance shall be governed by the provisions of the General Data Protection Regulation, and the President of the Personal Data Protection Office supervises the processing of this data. When interpreting Article 71 of the Act on the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation, the Supreme Administrative Court stated that this provision extends the application of the general regulation on data protection to data on deceased persons. The author does not agree with the interpretation presented in the judgment, considers it incorrect and presents arguments justifying a different interpretation of EU law on the protection of personal data.