Proceedings before the President of the Personal Data Protection Office in the light of the principle of two-instance administrative proceedings

Abstract

The subject of the article is an analysis of the proceedings before the President of the Office for Personal Data Protection in relation to the principle of two-instance administrative proceedings expressed in the Code of Administrative Procedure. The Act of May 10, 2018 on the protection of personal data introduced a number of new regulations in relation to the previous act, strengthening the position of the personal data protection authority. One of the most important changes is the introduction of one-instance proceedings before the President of the Office for Personal Data Protection. There are various positions in the doctrine as to the
interpretation of this regulation. The study discusses: the nature of the constitutional principle of appealing against decisions of first-instance bodies, expressed in the Code of Administrative Procedure, the principle of two-instance proceedings, a number of differences in the legal status between the current and previous personal data protection authority, as well as the nature of proceedings before the President of the Personal Data Protection Office. Consequently, individual positions expressed in the doctrine as to the one-instance character of proceedings before the President of the Office for Personal Data Protection were assessed.