Court case III OSK 135/23 – Court Ruling (Poland, 2024)

Court Ruling
Urząd Ochrony Danych Osobowych2 August 2024Poland
final
Court Ruling

General GDPR enforcement action

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The Chief of a County (Starosta Powiatowy, the controller) sent a letter addressed to an individual who co-owns land with the county. The letter referred to the fee for perpetual usufruct of the land (użytkowanie wieczyste; i.e. a temporary lease of state's land by a natural or legal person, up to 99 years, in exchange for an annual fee). However, the letter was delivered to another individual (the data subject) residing at the address used by the Chief of County. The data subject lodged a complaint with the Polish DPA (UODO). The individual argued the land’s co-owner did not reside in the address. The controller explained they used the land’s co-owner's registered address and the data subject's statement was not suffice to invalidate it. The DPA dismissed the case, emphasising the controller didn’t violated the GDPR by sending the correspondence on the registered address of the land’s co-owner. Additionally, the individual’s right to data protection was not violated, as the authority didn’t process their data, but data of the land’s co-owner. The individual appealed against the DPA’s decision. The Voivodeship Administrative Court in Warsaw (Wojewódzki Sąd Administracyjny w Warszawie) upheld the DPA’s decision. Consequently, the individual brought the case before the Supreme Administrative Court (Naczelny Sąd Administracyjny). The Supreme Administrative Court dismissed the appeal. The court found no evidence of the controller’s misconduct. Also, the court confirmed the data subject was not affected. The authority acquired the address from the official register. The mere fact that the same address was shared by the data subject and the land’s co-owner didn’t amount to the GDPR violation. The court underlined that, in the case at hand, it was the land’s co-owner data processed, not the data subject's.

GDPR Articles Cited

Decision AuthorityNSA
Reviewed AuthorityUODO (Poland)
Full Legal Summary

The Chief of a County (Starosta Powiatowy, the controller) sent a letter addressed to an individual who co-owns land with the county. The letter referred to the fee for perpetual usufruct of the land (użytkowanie wieczyste; i.e. a temporary lease of state's land by a natural or legal person, up to 99 years, in exchange for an annual fee). However, the letter was delivered to another individual (the data subject) residing at the address used by the Chief of County. The data subject lodged a complaint with the Polish DPA (UODO). The individual argued the land’s co-owner did not reside in the address. The controller explained they used the land’s co-owner's registered address and the data subject's statement was not suffice to invalidate it. The DPA dismissed the case, emphasising the controller didn’t violated the GDPR by sending the correspondence on the registered address of the land’s co-owner. Additionally, the individual’s right to data protection was not violated, as the authority didn’t process their data, but data of the land’s co-owner. The individual appealed against the DPA’s decision. The Voivodeship Administrative Court in Warsaw (Wojewódzki Sąd Administracyjny w Warszawie) upheld the DPA’s decision. Consequently, the individual brought the case before the Supreme Administrative Court (Naczelny Sąd Administracyjny). The Supreme Administrative Court dismissed the appeal. The court found no evidence of the controller’s misconduct. Also, the court confirmed the data subject was not affected. The authority acquired the address from the official register. The mere fact that the same address was shared by the data subject and the land’s co-owner didn’t amount to the GDPR violation. The court underlined that, in the case at hand, it was the land’s co-owner data processed, not the data subject's.

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 135/23 in PL

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

Details

Ruling Date

2 August 2024

Authority

Urząd Ochrony Danych Osobowych

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Cite as: Cookie Fines. Court case III OSK 135/23 - Poland (2024). Retrieved from cookiefines.eu

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