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In this Article, I will examine a phenomenon that I refer to as the privacy paradox (or paradoxes, as I identify several of them). This phenomenon appears in the Euro-Atlantic discussion on privacy and personal data protection.
As a Pole, I feel inclined to take part in discussion on the issue at hand.
There is another reason why the analysis of the European and American personal data protection systems carried out from the perspective of a Polish researcher is particularly attractive. And that is the fact that the Polish Personal Data Protection Act of 19972 is virtually a word-for-word transposition of the EU Data Protection Directive of 1995.3 Hence the Polish regulation reveals and puts to a test the intentions of the EU legislator.
My aim is to follow the principles of comparative legal doctrine in an attempt to avoid falling into the EU- or U.S.-centrism trap.
As mentioned, this Article will focus on comparative research from the perspective of a European legal practitioner with close to twenty years of professional experience in Poland—an EU member state and a vital European and global center for business support services, which entails intensive data transfers to and from Poland.
In my Paper I will (i) introduce the issue at hand, (ii) define basic terminology, (iii) discuss the axiological basis of the European and American regulations, (iv) describe systemic differences between them, (v) present evolutionary tendencies of both legal systems, and (vi) outline a proposed method of convergence.
The full content of the article is available by clicking the link: http://moritzlaw.osu.edu/students/groups/oslj/files/2013/12/15-Marcinkowski.pdf
Source: Ohio State Law Journal, Vol. 74:6
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: iod@dzp.pl.
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