The First President of the Supreme Court, Małgorzata Manowska, has asked the President of the Office for Personal Data Protection (OPDP) to clarify whether the personal data of judges from common and military courts, who are subject to the so-called test of independence and impartiality, can be published in the Public Information Bulletin (PIB). The case pertains to provisions of the Act on access to public information and privacy rights.
Position of the OPDP President
The President of the OPDP emphasized that this issue concerns a conflict between two constitutional rights: the right to public information and the right to privacy. Neither of them is absolute and both are subject to limitations, especially when they conflict with each other.
The OPDP indicated that the publication of personal data of judges in the rulings of the Supreme Court and their justifications is permissible, provided that the disclosed information is related to the judges’ performance of public duties. However, the final decision in this matter must be made by the Supreme Court as the data administrator.
Legal basis for publication
According to Article 8 of the Act on the Supreme Court, rulings and their justifications are treated as public information and are subject to publication in the PIB. This regulation formally meets the requirements of Article 86 of the General Data Protection Regulation (GDPR), which permits the processing of personal data contained in official documents under certain conditions.
At the same time, Article 5 (2) of the Act on access to public information limits the right to public information due to the privacy of the individual. However, the privacy of individuals performing public duties – including judges – is not absolute and does not include information related to the performance of these functions, including the conditions of their assignment and execution.
Responsibilities of the data administrator
The President of the OPDP stressed that the responsibility for assessing whether a specific piece of information contained in a ruling pertains to the performance of public functions rests with the data administrator – in this case the Supreme Court. The supervisory body cannot make such an assessment on behalf of the administrator.
Conclusions and challenges
The case demonstrates the complexity of overlapping two important rights – the right to access public information and privacy protection. It remains crucial to balance the public interest with individual rights, as well as the responsibility of judicial bodies for proper application of regulations.
The debate about the publication of data of judges subjected to independence and impartiality tests may be significant not only for the functioning of the Supreme Court but also for the protection of citizens’ rights and transparency of the justice system in Poland.
Source: https://managerplus.pl/czy-dane-sedziow-poddawanych-testowi-niezawislosci-moga-byc-jawne-prawo-do-informacji-publicznej-kontra-prywatnosc-49689
