Brak odpowiednich środków prawnych do ochrony danych osobowych „nadmiarowych” w rejestrze publicznym, na przykładzie systemu PRS RAR

The digitalisation of proceedings before the registry courts and the accompanying digitalisation of the registry files kept within the Polish National Court Register (“NCR”) has revealed the inadequate level of protection of processed personal data. There is “redundant” personal data available within the public register, the processing of which is not justified by any legal basis. The law does not provide effective and adequate measures implementing the right to protection of personal data processed in the NCR system. Courts, being the controllers of the personal data processed within the digitalised NCR, are excluded from the supervision exercised by the public administration body appointed for this purpose – the President of the Personal Data Protection Office. The provisions of the Act on the common courts system introduce separate complaint proceedings and supervisory authorities in this respect. However, these solutions should be assessed critically, as they do not ensure effective protection.