Główny Geodeta Kraju – Court Ruling (Poland, 2021)

Court Ruling
Urząd Ochrony Danych Osobowych5 May 2021Poland
final
Court Ruling

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 upheld a fine against the Chief National Surveyor for publishing personal data, like land register numbers, without legal grounds. This ruling stresses the importance of protecting personal data even when it seems indirect.

What happened

The Chief National Surveyor published land and mortgage register numbers online, allowing easy identification of property owners without legal justification.

Who was affected

Property owners whose personal data was indirectly exposed through the publication of land and mortgage register numbers.

What the authority found

The court ruled that the publication of register numbers constituted a GDPR violation as they allowed indirect identification of individuals.

Why this matters

This decision highlights that even seemingly indirect identifiers can be considered personal data under GDPR. Organizations must carefully assess what data they publish to ensure compliance.

GDPR Articles Cited

Decision AuthorityWSA Warsaw
Reviewed AuthorityUODO (Poland)
Full Legal Summary
Detailed

On 24 August 2020, the Polish DPA fined the Chief National Surveyor (Główny Geodeta Kraju, GGK) 100,000 PLN for violating Article 5(1)(a) GDPR and Article 6(1) GDPR by publishing, on its website, numbers of land and mortgage registers without any legal basis. Users of the website, without any additional authorization, had direct access to the land and mortgage registers via hyperlinked numbers. Each register included, inter alia, names and surnames of property owners and their parents, PESEL numbers and real estate addresses. GGK appealed this decision, arguing that the legal basis for the publishing of register numbers on the website was confirmed by Chapter 6 of Annex II to the Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE). The Court dismissed the appeal and held that the unique numbers identifying land and mortgage registers are personal data. According to the Court, the publication of land and mortgage register numbers allows for easy, indirect identification of property owners. Thus, the land and mortgage register numbers constitute personal data. The Court also stated that GGK had no legal grounds to disclose these register numbers (as the INSPIRE Directive did not relate to the issue in question), and deliberately violated the provisions of the GDPR. It held that the € 22,150 (100,000 PLN) fine which the DPA imposed on GGK is therefore justified. The Court also found that the GGK violated Article 36(4)(16) of the Act of 6 July 1982 on land and mortgage registers. The court found that the argument of the GKK that the restrictions set out in this provision did not apply in this case was incorrect.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Główny Geodeta Kraju in PL

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

5 May 2021

Authority

Urząd Ochrony Danych Osobowych

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified

Cite as: Cookie Fines. Główny Geodeta Kraju - Poland (2021). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: