Wojewoda Śląski – Court Ruling (Poland, 2023)
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.
The Polish Supreme Administrative Court ruled that using a national ID number for electoral candidates was not necessary and violated data protection rules. The court found that less invasive methods could confirm a candidate's eligibility. This decision reinforces the principle of data minimization in handling personal data.
What happened
The court ruled against the use of national ID numbers for confirming electoral candidates' eligibility.
Who was affected
Electoral candidates whose personal data was proposed to be processed for election purposes.
What the authority found
The court held that the use of the national ID number was incompatible with data protection rules, as it was unnecessary for the intended purpose.
Why this matters
This decision underscores the need for organizations to limit data collection to what is strictly necessary. It serves as a reminder for public bodies to evaluate their data practices carefully.
GDPR Articles Cited
The Silesian Voivode (the body in charge of an administrative district in Poland) declared a resolution of the Katowice City Council invalid. The resolution included an appendix specifying what type of personal data was to be processed for electoral purposes in the district council election campaign. Included in this was electoral candidates' PESEL number (national identifiction number), and electoral candidates' professions. The Voivode found that the inclusion of the electoral candidates' profession was not supported by law. It was not necessary for the criteria needed for eligibility, which are proof of age and permanent residence in the district. Moreover, it held that the inclusion of the PESEL number was in breach of the principle of data minimisation (Article 5(1)(c) GDPR). The Voivode also found that the City Council, which is not the controller of the data collected by the Municipality, was not authorised to decide on the purposes for processing of personal data, as this is the exclusive competence of the City Mayor as controller. The City Council challenged the decision of the Voivode. The Administrative Court in Gliwice overturned the Voivode's decision. It stated, among other things, that the inclusion of the PESEL number was not in breach of the principle of data minimisation. Its inclusion was deemed necessary for the purposes of processing, which was to confirm the residential eligibility of candidates. The Voivode appealed the judgment to the Supreme Administrative Court. The Polish Supreme Administrative Court held that the use of the PESEL number (the national identification number of an individual) to confirm electoral candidates' residential eligibility was incompatible with the principle of data minimisation Article 5(1)(c) GDPR as it was uneccesary for the purposes of processing. Residential eligibility could be confirmed through less invasive means. In addition, the obligation for candidates to disclose their profession was in violation o
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Wojewoda Śląski in PL
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Wojewoda Śląski - Poland (2023). Retrieved from cookiefines.eu
Last updated: