The District Court for Warsaw Downtown has ordered the Warsaw Downtown-North District Prosecutor’s Office to investigate the case of a personal data leak of Polish customers from the sales platform Pandabuy.com. In March 2024, information such as customers’ names, surnames, and delivery addresses was published on the internet, which instigated a response from the President of the Personal Data Protection Office (PDPO).
As a result of the publication which included an interactive map of Poland, with marked data points, the President of PDPO submitted a notice to the Warsaw Downtown-North District Prosecutor’s Office about the suspicion of a crime committed by the creators of websites, such as “lista-drillowcow.pl,” “lista drillowcow.club” and “lista-drillowcow.xyz.” The President of PDPO argued that posting data on the internet happened without a legal basis, which is a violation of the data protection laws. Article 107 paragraph 1 of the personal data protection law clearly states that unauthorized processing of personal data is punishable by a fine, limitation of freedom or imprisonment for up to two years.
Initially, the prosecutor’s office refused to initiate the investigation, claiming there were no grounds to act in this case. In response to this decision, the President of PDPO filed a complaint which was reviewed by the District Court for Warsaw Downtown. On 15 October 2024, the court agreed with the complaint and overturned the earlier decision of the prosecutor’s office.
The court ruled that the evidence presented by the President of PDPO sufficiently justify the suspicion of committing a crime under Article 107 paragraph 1 of the personal data protection law. The judge also noted that the information contained in the report was confirmed in the course of police actions, which indicates the justification for further proceedings.
This court ruling emphasizes the importance of personal data protection and the obligations of law enforcement agencies in taking action in cases of violations of this protection. The decision of the District Court for Warsaw Downtown imposes on the Warsaw Downtown-North District Prosecutor’s Office the duty to conduct an investigation and explain to what extent the creators of websites were responsible for the illegal dissemination of personal data.
Source: https://managerplus.pl/sad-nakazal-prokuraturze-przeprowadzic-dochodzenie-w-sprawie-wycieku-danych-klientow-sklepu-pandabuy-com-26003
