Court case III OSK 1522/21 – Court Ruling (Poland, 2022)
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.
In Poland, a court supported the police's decision to deny a request for video footage that included personal data. The court ruled that sharing the footage would violate privacy rights because it contained identifiable information. This case underscores the balance between public information access and privacy protection.
What happened
The court upheld the police's refusal to provide video footage containing personal data to protect individuals' privacy.
Who was affected
Individuals whose personal data appeared in police video footage during a traffic stop.
What the authority found
The court ruled that the police were correct in denying access to the footage because it contained identifiable personal data, which would infringe on privacy rights.
Why this matters
This decision highlights the importance of protecting personal data even when it involves public records. Authorities and businesses should carefully consider privacy implications when handling requests for information.
GDPR Articles Cited
National Law Articles
The plaintiff applied to the District Police Chief (the defendant) for access to public information, namely footage of a video recording taken during vehicle and traffic control carried out by the police on 17 February 2017. By decision of 29 December 2017, the defendant refused to provide access to the entire recording, including the requested car registration numbers available on the footage. The decision was substantiated by the obligation to protect the personal data of individuals visible on the recording. Moreover, given that the plaintiff requested access to the data in the form of digital files - the obliged authority was not in a position to ensure adequate and irreversible anonymisation of the data. Upon receipt of the request for public information, the obliged authority verified it accordingly, then notified the applicant in writing, without issuing a separate administrative decision. The plaintiff objected to this decision first internally at the defendant authority, then in court. The court of first instance determined that the information requested by the plaintiff constituted, in principle, public information. In that judgment, the court also stated that such a broadly defined request covering, inter alia, material from the video recorder mounted in the car belonging to the district police - may include data infringing the privacy of natural persons. The court ruled that the defendant was right in refusing the request based on protection of personal data. Subsequently, the plaintiff filed a cassation appeal requesting that the judgment be set aside in its entirety. The Supreme Administrative Court recalled the first instance ruling. It stated that the video recording contained images of the persons controlled, as well as the registration numbers of the vehicles subjected to roadside checks, which would make it possible to identify those persons. This would consequently violate [https://arslege.pl/zasada-ochrony-zycia-prywatnego/k15/a5278/ Article
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 OSK 1522/21 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 OSK 1522/21 - Poland (2022). Retrieved from cookiefines.eu
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