Failure to collect correspondence sent by the Polish DPA also proves lack of cooperation

Failure to cooperate with the Polish Data Protection Authority by not providing access to personal data and other information necessary for the performance of its tasks resulted in an administrative fine imposed on Pactum Poland Sp. z o.o. The amount of over PLN 18 000 has already been paid.

In order to determine the facts of the case initiated by the complaint, the Polish DPA requested the Company to respond to the content of the complaint and to answer detailed questions regarding the case. Out of four requests sent to the Company, it collected only one, but did not reply to it.

The responsibility for failing to provide the information requested by the Polish DPA rests with the controller, in this case the Company. In the opinion of the Authority, the Company's failure to answer the questions included in the letter received by the Company, as well as its failure to collect other requests, indicate a lack of will to cooperate in determining the facts of the case and its proper resolution. Meanwhile, the Company's behaviour in the form of failure to provide explanations necessary for the handling of the case constitutes a breach of the obligation to provide the supervisory authority with access to information. Such action not only hinders a thorough examination of the case, but also results in an excessive and unjustified prolongation of the proceedings.

In the opinion of the Polish DPA, the Company, as an entity professionally involved in legal and economic relations, was aware that its action consisting in not collecting the correspondence sent by the supervisory authority constituted a breach of the basic obligations of an entrepreneur.

Disregarding the obligations related to cooperation with the Polish DPA constitutes a breach of great gravity and as such is subject to financial sanctions. Therefore, in this case, the supervisory authority imposed an administrative fine, which will not only be effective, proportionate and dissuasive in this individual case, but will also be a signal for other entities about the importance of cooperation with the Polish DPA.

The full text of the decision is available in Polish here.