The competence dispute between the President of the Office of Personal Data Protection and the Ministry of Digital Affairs

The Ministry of Digital Affairs, in accordance with previous announcements, issued legal clarifications pursuant to Article 33 of the Entrepreneurship Act ("Constitution for business") at the request of the spokesperson for Small and Medium-sized Entrepreneurs regarding provisions on the protection of personal data (in particular regarding data retention in the recruitment process). The President of the Office for Personal Data Protection is of the opinion that the Minister of Digital Affairs is not a competent body with regard to the provisions on the protection of personal data. The dispute will probably not contribute to a better understanding of the GDPR regulations. It should be pointed out here that it is the President of the Office for Personal Data Protection, not the Ministry of Digital Affairs who is the regulator that can impose administrative fines on the basis of the GDPR. Therefore, we recommend great caution in taking the positions presented by the Ministry as a basis.

For more information on servicing clients in matters related to personal data protection, please contact Ewa Boryczko (ewa.boryczko@bsjp.pl).