Wojewoda Śląski – Court Ruling (Poland, 2023)

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 of the principle of data minimisation, as profession was irrelevant for for eligibility. As a result, the judgment of the Administrative Court was annuled.