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The Act on Amendment to the Police Act and Some Other Acts took effect on 7 February 2016. It thoroughly changes the laws applicable to non-public surveillance activities and modifies the procedures for uniformed services obtaining access to information gathered by postal and telecommunications operators and electronic service providers. Since the changes have far reaching legal and business consequences, we want to draw your attention to the main effects they will have on your day-to-day activity and to indicate areas where organisational changes may be required.
We will discuss the main changes related to rights granted to the police but please note that corresponding provisions have been added to the acts governing the work of other uniformed forces, including the Border Guard Service, the Central Anti-Corruption Bureau, the Internal Security Agency and the Foreign Intelligence Agency. In addition, the same extended rights have been granted to tax intelligence and customs officers. Please find below a summary of the main changes introduced by the Act:
In our opinion, these changes should be viewed from the following two perspectives:
In the light of the foregoing, we recommend:
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: email@example.com.
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