- Enforcing jurisdiction
- Poland · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Court case III OSK 5037/21 – Court Ruling (Poland, 2025)
Privacy enforcement record
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A Polish court ruled on a case involving judges and prosecutors needing to declare their membership in certain associations. The Ombudsman argued this requirement was unconstitutional, but the court upheld that the law had a valid basis under GDPR. This decision highlights the limits of the DPA's powers regarding constitutional matters.
What happened
The court upheld the DPA's decision that judges and prosecutors must declare their association memberships.
Who was affected
Judges and prosecutors in Poland were affected by the requirement to declare their memberships.
What the authority found
The court ruled that the law had a valid legal basis under GDPR, and the DPA did not have the authority to assess its constitutionality.
Why this matters
This case emphasizes that data protection authorities cannot decide on constitutional issues, which must be handled by the courts. It also clarifies the scope of legal obligations under GDPR.
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Automated check recorded — 22 March 2026.
Processing notes: national law identified, authority corrected.
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In March 2020, the Ombudsman requested the DPA to initiate proceedings regarding several laws that introduced an obligation for judges and prosecutors to declare their membership in an association, which would then be included in a Public Information Bulletin. The declarations of membership included associations to churches, religions, political parties, and functions similar to trade unions. The Ombudsman argued that the law was unconstitutional. In addition, the Ombudsman requested that the DPA issue an order restricting the processing of this data, specifically to prohibit the publication in the bulletin until proceedings were complete. The DPA dismissed the case in April 2020. The DPA stated that Article 6(1) GDPR provided a legal basis for the processing based on a legal obligation (Article 6(1)(c) GDPR) and necessity for the public interest (Article 6(1)(e) GDPR). Finally, the DPA stated that it did not have the competence under Article 57 GDPR to decide on the issue of constitutionality; this was a matter the Ombudsman should have taken to the Constitutional Court. The Ombudsman appealed the decision to the Court of First Instance, arguing that the DPA should have also considered whether the law fulfilled the requirements of public interest and proportionality under Article 6(3) GDPR. The Court upheld the reasoning of the DPA, stating that law has a legal basis in accordance with the GDPR. According to the Court, GDPR does not give the DPA broader powers, since the this was not foreseen by the EU legislator or provided by national law. The Ombudsman appealed the case to the Provincial Administrative Court, who dismissed the case. The Ombudsman requested the Court to reconsider, or alternatively, the Supreme Administrative Court. In addition, the Ombudsman requested the Supreme Administrative Court to refer a preliminary question to the EU Court of Justice (CJEU). The Provincial Administrative Court referred the case to the Supreme Administrative Court. I
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 5037/21 in PL
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
29 April 2025
Authority
DPA NSA
About this data
Cite as: Cookie Fines. Court case III OSK 5037/21 - Poland (2025). Retrieved from cookiefines.eu
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