Court case III CZP 78/19 – Court Ruling (Poland, 2020)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
A Polish court ruled on a case involving freedom of expression and personal rights, but it did not involve any cookie or consent issues. This ruling is significant because it shows the court's approach to balancing personal rights with freedom of speech. Businesses should be aware of how these rights can affect their operations.
What happened
The Polish Supreme Court addressed a dispute over freedom of expression and personal rights, without any findings related to cookies or consent.
Who was affected
Individuals involved in the case whose personal rights were being weighed against freedom of expression.
What the authority found
The court held that the case involved complex issues of personal rights and freedom of expression, without determining any violations of data protection rules.
Why this matters
This ruling illustrates the ongoing legal discussions around personal rights and freedom of expression. Businesses should stay informed about how these issues may impact their practices.
The parties were involved in social initiatives aimed at supporting or questioning the need for certain investments in the vicinity of the housing estate where they live. The defendants accused the claimant that, as a result of her interventions in the housing estate, the city carried out no investments. The defendants publicly criticised the claimant's attitude and they also expressed their opinions in social media. The applicant claimed that the defendants had thereby infringed her personal rights. The Regional Court held that there was no infringement, as the defendants exercised their right to freedom of expression. In the Regional Court's opinion the defendants cannot be held responsible for the form of statements made by other people, including Internet users. The claimant has appealed against the judgment. The claimant complained that the court omitted her request for evidence to oblige the domain registrar and the Internet access service provider to disclose the names and addresses of subscribers to the service using pseudonyms (nicknames), who published entries about the claimant on an Internet forum. The Court of Appeal identified the subscriber of the domain and obtained from him information about e-mail addresses to the accounts with logins indicated by the claimant and lists of posts written from those addresses. Next, it called the Internet provider for the established IP addresses to indicate the subscribers of the Internet access service. The Internet provider refused to provide information, citing telecommunication secrecy. Additionally, it indicated that the deadline within which it is obliged to store, among others, the data requested by the Court, has already passed. The Court of Appeal has addressed the Supreme Court with a legal issue. Is an entity providing Internet access services, i.e. an entity bound by telecommunication secrecy, entitled to refuse to provide personal data of the subscriber of this service in a case of infringement of per
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case III CZP 78/19 in PL
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case III CZP 78/19 - Poland (2020). Retrieved from cookiefines.eu
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