Realization of the right to the good name and protection of own intimacy in church (can. 220 of canon law code) pursuant to the act an instruction on protection of personal details

Abstract

Since 29th of March 1998 the Personal Details Protection Act has been functioning in Polish legal system. It corresponds with disposition included in Canon 220 of Canon Law Code, which stipulates that “nobody is allowed to unlawfully violate a good name, which anyone has, neither to violate the rights of each person to protect own privacy and intimacy”. Code norm stipulates the right appertaining to each human being resulting from natural right, which is also defended by the national Act. Thus we have here certain kind of cooperation of Polish state and church legislation. In order to explain and harmonise unclear and doubtful questions concerning application of regulations of the Personal Details Protection Act with reference to personal details for the needs of Catholic Church, the instruction concerning the protection of personal details was issued on 23rd of September 2009 together by General Inspector of Personal Data Protection and the Secretariat of Polish Episcopate. It has a purpose to rationalize and unify application of Personal Details Protection Act and in the same time resolve any doubts and misunderstanding as for the method and scope of applying abovementioned Act by Catholic Church in Poland. Analysis of Canon 220 of Canon Law Code, Personal Details Protection Act and the Instruction entitles us to state that fundamental rights – including the right to respect own privacy and intimacy – are authentic Church’s goods, and their guarantee and protection are the parts of mission of Church’s shepherd. This truth in relation to the community of Catholic Church and its activity is understood by Polish legislator in passed Personal Details Protection Act and the Instruction issued together with the Conference of Polish Episcopate. Idea of protection of personal details legalized with the Act and explained in detail by provisions of instructions, does not pose any more serious threats for evangelization mission of the Church, however it requires from the side of community of Catholic Church to resign from certain assumed methods for collecting, using and public passing on the information about the persons and church instruction as well as from possibility to take advantage of information witch internal character on public form.