The WSA confirms that the GGK prevented the inspection
The Voivodeship Administrative Court (WSA) in Warsaw dismissed the Surveyor General of Poland’s (GGK) appeal against the decision of the President of UODO imposing an administrative fine in the amount of PLN 100 000 for the refusal to carry out an inspection.
The judgment in this case was issued on February 23, 2021, at a closed door hearing (ref. no. II SA/Wa 1746/20).
Due to the lack of the GGK's consent to conduct the full scope of the inspection, the UODO’s inspectors could not establish the following issues. Firstly, in what way and on what legal basis the GGK, while publishing information on the land register numbers on GEOPORTAL2 portal (geoportal.gov.pl), allows access to personal data contained in land and property registers. Secondly, whether the GGK has applied appropriate technical measures to ensure the data security.
The Personal Data Protection Office, taking into account the GGK's intentional action that prevented the full inspection activities to be carried out, found that the GGK violated the provisions of the General Data Protection Regulation (GDPR) by failing to provide the supervisory authority with access to premises, data processing equipment and means, and access to all personal data and to all information necessary for the performance of its tasks. Moreover, the GGK did not cooperate with the UODO in the course of the inspection.
The judgement by the WSA in Warsaw confirms that the decision to impose the fine was justified.