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  • Faithful to my Homeland, the Republic of Poland
  • REQUESTING ACCESS TO PERSONAL DATA STORED IN CONSULAR SYSTEMS

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    Notice on processing of personal data stored in consular filing system

     

    Pursuant to Art. 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), we kindly inform you that:

     

    1. Within the meaning of Art. 4(7) GDPR, the Minister of Foreign Affairs with his registered seat in Poland, in Warsaw (00-580), Al. J. Ch. Szucha 23, is the data controller of your personal data.
    2. Consuls of the Republic of Poland perform the duties of data controller in respect of data in the consular filing systems maintained by them.
    3. The Minister of Foreign Affairs has appointed a data protection officer (DPO), who performs his duties with respect to data processed at the Ministry of Foreign Affairs and foreign service posts.

      DPO contact data:

      Registered seat: Al. J. Ch. Szucha 23, 00-580 Warsaw

      Email: iod@msz.gov.pl

    4. The data included in the consular filing system is stored under Art. 6 (c), (d) and (e) GDPR for the purposes of the performance of tasks specified in the Act of 25 June 2015 – Consular Law (Journal of Laws of 2017, item 1545, as amended) and in specific provisions.
    5. Your personal data will be stored for periods provided for by law and will be archived in compliance with the regulations in force at the Ministry of Foreign Affairs and foreign service posts.
    6. Only persons authorized by the data controller will have access to the data.
    7. The data is protected under the provisions of the GDPR and may not be made available to any unauthorized third parties or transferred to a third country that does not guarantee the protection level at least equivalent to the protection level provided for in the GDPR. The data may only be transferred to a third country when such obligation is prescribed by Polish law or European Union law, pursuant to Art. 44-46 GDPR.
    8. Unless specific provisions stipulate otherwise, you have the right to control the processing of data, as specified in GDPR Art. 15-19 and Art. 21, in particular the right to access, rectify and delete your data, as well as limit and object to its processing.
    9. Your data will not be processed in an automated manner which would influence the process of taking decisions which could produce legal effects or significantly influence them in a similar manner. The data will not be subject to profiling.
    10. You have the right to lodge a complaint with the supervisory authority at:

      President of the Office for the Protection of Personal Data

      ul. Stawki 2

     

    ___________________________________________________

     

    Everyone  has the right to obtain comprehensive information regarding personal data concerning them which are processed in data filing systems.

    In accordance with Article 32 (5) of the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2002, No. 101, item 926, with subsequent amendments), the person concerned may exercise his/her right to obtain information once every six months.

    Pursuant to Article 32 (1-5a) of the Act on the Protection of Personal Data the data subject may request the following information regarding the processing of his/her personal data:

    • whether the data exist in the system,
    • for how long the data have been processed,
    • the source of data acquisition,
    • how data is made available,
    • the purpose and scope of data processing,
    • to what extent and to whom the data were made available.

    The controller will reply regarding the requested information within 30 days. In order to obtain such information a written request must be submitted in Polish or in English.

     An application for access is free of charge.

    Contact details of the body to which requests for access  or modification of data should be addressed:

     

    ***

    Consul of the Republic of Poland in Tallinn

    Suur-Karja 1, 10140 Tallinn

    ***

     

    The request for information should include:
     

    1.  name and surname of the applicant,

    2.  Polish national identification number - PESEL (where applicable),

    3.  nationality,

    4.  date and place of birth,

    5.  photocopy of an identity document containing a clear image,

    6.  place of residence (country, city, street and house number/apartment),

    7.  subject matter of the request,

    8.  signature of person making the request.

     

     

    In accordance with Article 32 of the Act of 14 June 1960 on the Code of Administrative Procedure  (Journal of Laws of 2000, No. 98, Item 1071,  with subsequent amendments), a party may be represented in administrative proceedings by a plenipotentiary, unless the nature of  the  activities requires action in person. Article  33 of the Code establishes  the procedural rules for power of attorney, i.e.:
     

    • the plenipotentiary may be a natural person having legal capacity;
    • power of attorney should be notified in writing;
    • the plenipotentiary files an original or officially certified copy of the power of attorney.

     

    A lawyer, legal counsel or patent agent may themselves authenticate a copy of the power of attorney granted to him/her.

    Refusal to provide information on processed personal data
     

    According to Article 30 of the Act on the Protection of Personal Data the controller may refuse to provide access where this would:

    1.  result in the disclosure of information constituting a state secret,

    2.  pose a threat to state security or defence, life and human health or safety and      

         public order,

    3.  pose a threat to the basic economic or financial interest of the State,

    4.  result in a substantial breach of personal interests of data subjects or third persons.

    The right to correct the data,

    request the suspension of their processing or removal
     

    The data subject may ask the controller to supplement, update, correct, remove, and temporarily or permanently suspend processing of  his/her  data. However, the data subject must demonstrate that the data  are  incomplete, outdated, inaccurate, have been collected in violation  of the law or  that  their processing is no longer necessary to achieve the purpose for which they were collected. Application proceedings are conducted in accordance with the provisions of the Code of Administrative Procedure.

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