The controller is obliged to cooperate with the President of the Personal Data Protection Office

The controller is obliged, at the request of the President of the Personal Data Protection Office, to provide all information necessary for the performance of its tasks, ruled the Voivodship Administrative Court in Warsaw ('WSA in Warsaw').

The WSA in Warsaw, in a judgement of 21 June 2024, ref. II SA/Wa 2216/23, dismissed a commercial company's complaint against the decision of the President of the Personal Data Protection Office, in which the supervisory authority imposed a fine of PLN 56,000 on the company. The reason for the penalty was the company's failure to respond to the President of the Personal Data Protection Office numerous requests for explanations. In addition, the company provided incomplete answers to the supervisory authority's questions, formulated in connection with the received complaint of an natural person, sent untimely answers. The company also failed to provide a power of attorney document showing the authority of the company's employee to represent it in the proceedings before the President of the Personal Data Protection Office.

Dismissing the company's complaint, the WSA in Warsaw confirmed that the lack of cooperation with the President of the Personal Data Protection Office lead to unjustified extension of administrative proceedings conducted by the supervisory authority and impede thorough examination of the case. Such behaviour of the controller directly breaches the rights of the data subject awaiting the resolution of the filed complaint by the Personal Data Protection Office

The case relates to the decision of the President of the Personal Data Protection Office ref. DOKE.561.8.2023.