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Poland: Administrative Court upholds UODO's decision to terminate proceedings regarding publication of judges' membership

The Polish data protection authority ('UODO') announced, on 22 February 2021, that the Voivodship Administrative Court, Warsaw upheld, on 15 February 2021, the UODO's decision to terminate the administrative proceedings it had initiated on the publication of association membership by judges and prosecutors, thus dismissing the complaint of the Commissioner for Human Rights against the same. In particular, the UODO highlighted that according to the Court's judgment, the UODO had rightly concluded that the obligation imposed on judges and prosecutors to submit declarations on membership in an association and publish the same in the Public Information Bulletin, does not violate the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'), as it results from legal provisions and it therefore constitutes lawful processing under Article 6(1)(c) of the GDPR. In addition, the UODO stated that, the Commissioner for Human Rights, in its indicated that the new provisions on obligatory declarations of judges and prosecutors may violate the Constitution and highlighted that the UODO is not competent to assess the constitutionality of the provisions.

You can read the press release, only available in Polish, here.