Tag: Poland

Officers’ data leaked in Poland

28. May 2021

The Polish Personal Data Protection Office (UODO) has received a notification of a data breach involving the disclosure of personal data of uniformed services officers. The case is currently being analyzed and supplemented with additional materials and information that shall clarify all its circumstances.

The data controller also notified other authorities about the incident. Among these are the police, the Governmental Computer Security Incident Response Team (CSIRT NASK) and the National Public Prosecutor’s Office. The controller informed UODO that the individuals whose data was subject to the breach would be notified individually through the officers’ home units. Nevertheless, many aspects are still unclear. Therefore, in the course of the investigation, UODO sent a letter to the data controller asking for explanations related to the data breach. Any further action will depend on the information provided by the data controller.

As a result of this situation, UODO emphasises that there is a risk associated with the possibility of unauthorized use of the officers’ personal data, which may involve tangible harm to them. Such activity may include (identity) fraud and invasion of privacy.

In this respect, UODO reminds what actions should be taken to minimize the negative consequences of such a breach. First of all, one should be very careful when providing data via the Internet. Furthermore, it is important to carefully analyse all content included e.g. in SMS messages or e-mails in order to avoid phishing attacks in particular, the aim of which is to obtain additional personal data. In this connection, materials were provided by UODO with further tips on how to reduce the risk of identity theft.

University fined for omitted notification of a data breach

4. February 2021

The President of the Personal Data Protection Office in Poland (UODO) imposed a fine on the Medical University of Silesia in the amount of PLN 25.000 (approx. EUR 5.600). The university had suffered a data breach of which it should have notified the supervisory authority and the data subjects according to Articles 33, 34 GDPR, but failed to do so.

First indications of the data breach reached UODO in early June 2020. It was related to exams held at the end of May 2020 by videoconference on an e-learning platform. These were also being recorded. Before the exam, students were identified by their IDs or student cards, so a large amount of their personal data was documented on the recordings. After the exam was completed, the recordings were made available on the platform. However, not only the examinees had access to the platform, but also a wider group of people, about which the students had not been informed. In addition, using a direct link, any extern person could access the recordings and therefore the data of the examinees. Many students, fearing that the video would be deleted to cover up the incident, secured the file or took photographs of the computer screens to protect evidence. Eventually, the chancellor (being the decision-making unit) expressed the position that the incident of 200 people viewing the IDs of some 100-150 other people cannot be considered a personal data breach.

The controller, who was requested to clarify the situation by UODO, did not dispute the data breach. In fact, the virtual room of the platform is only available to the exam group and only those people have access to the recordings. The violation occurred because one of the employees did not close access to the virtual room after the exam. Though, the controller stated that no notification was required. In his opinion the risk to the rights or freedoms of the data subjects was low. Moreover, after the incident, the system was modified to prevent students from downloading the exam files. The controller also indicated that he identified the individuals who had done so and informed them about their criminal liability for disseminating the data.

Despite several letters from UODO, the university still omitted to report the data breach and notify the data subjects. Therefore, administrative proceedings were initiated. UODO found that the controller failed to comply with his obligations to notify both the supervisory authority and affected data subjects as well as improperly assessed the risk involved.

When imposing the fine, the President of UODO took into account the duration of the infringement (several months), the intentional action of the controller and his unsatisfactory cooperation with the supervisory authority. The fine will serve not only a repressive but also a preventive function, as it shows that the obligations arisen in connection with data breaches cannot be ignored. All the more so because an inappropriate approach to the obligations imposed by the GDPR may lead to negative consequences for those affected by the breaches.

Admonition for revealing a list of people quarantined in Poland

27. November 2020

The President of the Personal Data Protection Office in Poland (UODO) imposed an admonition on a company dealing with waste management liable for a data breach and ordered to notify the concerned data subjects. The admonition is based on a violation of personal data pertaining to data subjects under medical quarantine. The city name, street name, building/flat number and the fact of remaining under quarantine of the affected data subjects have been provided by the company to unauthorized recipients. The various recipients were required to verify whether, in a given period, waste was to be collected from places determined in the above-mentioned list.

The incident already happened in April 2020. Back then, a list of data subjects was made public, containing information on who had been quarantined by the administrative decision of the District Sanitary-Epidemiological Station (PPIS) in Gniezno as well as information on quarantined data subjects in connection with crossing the country border and on data subjects undergoing home isolation due to a confirmed SARS-CoV-2 infection. After becoming aware of the revelation, the Director of PPIS notified the relevant authorities – the District Prosecutor’s Office and the President of UODO – about the incident.

PPIS informed them that it had carried out explanatory activities showing that the source of disclosure of these data was not PPIS. These data were provided to the District Police Headquarters, the Head of the Polish Post Office, Social Welfare Centres and the Headquarters of the State Fire Service. Considering the fact that these data had been processed by various parties involved, it was necessary to establish in which of them the breach may have occurred.

UODO took steps to clarify the situation. In the course of the proceedings, it requested information from a company dealing with waste management being one of the recipients of the personal data. The company, acting as the data controller, had to explain whether, when establishing the procedures related to the processing of personal data, it had carried out an assessment of the impact of the envisaged processing operations on the protection of personal data according to Art. 35 GDPR. The assessment persists in an analysis of the distribution method in electronic and paper form in terms of risks related to the loss of confidentiality. Furthermore, the data controller had to inform UODO about the result of this analysis.

The data controller stated that it had conducted an analysis considering the circumstances related to non-compliance with the procedures in force by data processors and circumstances related to theft or removal of data. Moreover, the data controller expressed the view that the list, received from the District Police Headquarters, only included administrative (police) addresses and did not contain names, surnames and other data allowing the identification of a natural person. Thus, the GDPR would not apply, because the data has to be seen as anonymized. However, from the list also emerged the fact that residents of these buildings/flats were placed in quarantine, which made it possible to identify them. It came out that the confidentiality of the processed data had been violated in the course of the performance of employee duties of the data processor, who had left the printed list on the desk without proper supervision. During this time, another employee had recorded the list in the form of a photo and had shared it with another person.

Following the review of the entirety of the collected material in this case, UODO considered that the information regarding the city name, street name, building/flat number and placing a data subject in medical quarantine, constitute personal data within the meaning of Art. 4 (1) GDPR, while the last comprises a special category of personal data concerning health according to Art. 9 (1) GDPR. Based on the above, it is possible to identify the data subjects, and therefore the data controller is bound to the obligations arising from the GDPR.

In the opinion of UODO, the protective measures indicated in the risk analysis are general formulations, which do not refer to specific activities undertaken by authorized employees. The measures are insufficient and inadequate to the risks of processing special categories of data. In addition, the data controller should have considered factors, such as recklessness and carelessness of employees and a lack of due diligence.

According to Art. 33 (1) GDPR, the data controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of the data breach, notify it to the competent supervisory authority. Moreover, in a situation of high risk to the rights and freedoms of the data subjects, resulting from the data breach (which undoubtedly arose from the disclosure), the data controller is obliged to inform the data subject without undue delay in accordance with Art. 34 (1) GDPR. Despite this, the company did not report the infringement, neither to the President of UODO nor to the concerned data subjects.

Poland: Addresses of judges, politicians and pro-life activists published on Twitter

12. November 2020

In recent days, social networks in Poland have teemed with posts containing private addresses and telephone numbers of judges of the Constitutional Tribunal, politicians and activists openly supporting the abortion sentence. In conjunction with the publication of the above on Twitter, the President of the Personal Data Protection Office (UODO) took immediate steps to protect the personal data and privacy of these persons.

Background to this was the judgement of the Constitutional Tribunal repealing the provisions allowing abortion in cases of, for example, serious genetic defects or severe impairment of the human fetus. This provoked resistance from a part of Polish society and led to a street revolution of “liberal” men and women. Unfortunately, the agitation turned into invectives, destruction of property, public disorder and personal arguments. As a result, personal data of people supporting the prohibition of abortion have been shared thousands of times on all social media too. For this reason, numerous protesters appeared at the indicated houses, covered the walls of the surrounding buildings with vulgar inscriptions, and the addressees began to receive packages, e.g. with a set of hangers.

On October 29th, 2020 the President of the UODO responded to the case:

Publishing private addresses and contact details of pro-life activists, politicians and judges by users of the Twitter social network is an action leading to the disclosure of a wide sphere of privacy, and thus posing threats to health and life, such as possible acts of violence and aggression directed against these people and their family members.

The announcement stated that the President of the UODO requested an immediate procedure by the Irish supervisory authority, which is responsible for the processing of personal data via Twitter. Pointing out the enormous scale of threats, he indicated the need to verify the response time to reported irregularities and the possibility of introducing automated solutions to prevent the rapid furtherance of such content by other portal users. He also notified the law enforcement authorities that Twitter users had committed a crime consisting in the processing of personal data without a legal basis. The lawfulness had neither been guaranteed by consent according to Art. 6 (1) lit. a GDPR nor legitimate interests pursuant to Art. 6 (1) lit. f GDPR or any other legal basis. Thus, the processing has to be seen as illegitimate as also stated by the President of the UODO. The law enforcement authorities will be obliged to examine and document both the scope of personal data disclosed in a way that violates the principles of personal data protection and to determine the group of entities responsible for unlawful data processing. The President of the UODO also applied to the Minister of Justice – Public Prosecutor General for placing this case under special supervision due to the escalation of conflict and aggression, which pose a high risk of violating the life interests of both people whose data is published on social media and their family members.

In conclusion, the President of the UODO added:

The intensification of actions of all competent authorities in this matter is necessary due to the unprecedented nature of the violations and the alarming announcements of disclosing the data of more people, as well as the deepening wave of aggression.

Appeal against record fine for GDPR violation in Poland dismissed

22. October 2020

On 10th September 2019 the Polish Data Protection Commissioner imposed a record fine in the amount of more than PLN 2,8 million or the equivalent of € 660.000 on the company Morele.net for violating the implementation of appropriate technical and organisational measures as well as the lack of verifiability of the prior consents to data processing. The Krakow-based company runs various online shops and stores customer data on a central database. According to the Personal Data Protection Office (UODO), there has been 2,2 million customers affected.

Starting point were especially two incidents at the end of 2018, when unauthorised persons got access to the customer database of the company and the contained personal data. The company notified the data breach to the UODO, which accused it particularly of violation of the confidentiality principle (Articles 5 (1) lit. f, 24 (1), 25 (1), 32 (1) lit. b, d, (2) GDPR) by failing to use sufficient technical and organisational measures to safeguard the data of its customers, such as a two-factor authentication. As claimed by the UODO, the selection of the authentication mechanism should always be preceded by an adequate risk analysis with a corresponding determination of protection requirements. The company did not adequately comply with this. However, it should have been sufficiently aware of the phishing risks as the Computer Emergency Response Team (CERT Polska) had already pointed it out.

In addition, the UODO accused the company of violation of the lawfulness, fairness, transparency and accountability principles (Articles 5 (1) lit. a, (2), 6 (1), 7 (1) GDPR) by not being able to prove that (where necessary) the personal data from installment applications had been processed on the basis of consents of data subjects. Furthermore, after a risk analysis, the company deleted the corresponding data from the database in December 2018, but according to the UODO, the deletion was not sufficiently documented.

When assessing the fine, there were many aspects which played a decisive role. Most of all, the extent of the violation (2,2 million customers) and the fact that the company processes personal data professionally in the course of its business activities and therefore has to apply a higher level of security. However, mitigating circumstances were also taken into account, such as the good cooperation with the supervisory authority, no previous ascertainable violations of the GDPR and no identifiable financial advantages for the company.

On 3rd September 2020, the Provincial Administrative Court (WSA) in Warsaw issued a judgment on Morele.net’s appeal against the decision. The WSA dismissed the appeal and considered that the decision on the fine imposed on the company was justified. Furthermore, the WSA stated that the UODO had correctly assessed the facts in the case concerned and considered that the fine imposed was high but within the limits of the law and justified by circumstances. It is expected that the company will lodge a complaint with the Supreme Administrative Court of Poland.

A short review of the Polish DPA’s enforcement of the GDPR

10. January 2020

To date, the Polish Data Protection Authority (DPA) have issued 134 decisions and imposed GDPR fines in 5 cases. In 4 cases, the Polish DPA fined private companies and in one case, it fined a public institution.

The fines for the companies ranged from 13.000€ to 645.000€. Reasons for the fines were failures in protecting personal data on websites resulting in the unauthorised access of personal data, inadequate technical and organisational measures, and an insufficient fulfilment of information obligations according to Art. 14 GDPR.

It is also noteworthy that the Polish DPA has imposed a 9.350€ fine on the Mayor of a Polish small town. Under Art. 83 (7) GDPR, each member state of the EU may lay down rules on whether and to what extent administrative fines may be imposed on public authorities. The Polish legislators decided that non-compliant public authorities may receive a GDPR fine of up to 23.475€.

The Mayor received the GDPR fine since he failed to conclude a data processing agreement with the entities to which he transferred data in violation of Art. 28 (3) GDPR. Moreover, the Mayor violated the principle of storage limitation, the principles of integrity and confidentiality, the principle of accountability and furthermore kept an incomplete record of processing activities.

Recently, the Polish DPA also published the EU Project T4DATA’s Handbook for Data Protection Officers (DPO) in order to help define a DPO’s role, their competencies and main responsibilities.

Poland: First GDPR-fine imposed

29. March 2019

The President of the Polish Supervisory Authority (Personal Data Protection Office, UODO) imposed the first fine for the amount of PLN 943,000, which is around € 220,000.

A Warsaw-based company received this fine for not being compliant with GDPR, particularly for failure to meet the information obligation of Article 14. The fined company commercially processes data from more than six million entrepreneurs, which it obtained from publicly available sources, such as the Central Electronic Register and Information on Economic Activity (CEIDG). The company’s database is often used by banks to verify the creditworthiness of the data subjects. According to the Polish Authority, the company did not provide the data subjects with the information requested in Art. 14 para 1-3 GDPR (e.g. the source of their data, the purpose of the data processing, the data subject’s rights under GDPR), hence the data subjects had no possibility to object to further processing of their data or to request their rectification or erasure.

Out of the six million data subjects only 90 000 were informed by the company via e-mail (more than 12 000 of them objected to the processing of their data). For the remaining subjects (whose e-mails were unknown) the company only presented the information clause on its website and therefore failed to comply with Art. 14 GDPR.

“The controller was aware of its obligation to provide information. Hence the decision to impose a fine of this amount on this entity”, said Dr Edyta Bielak-Jomaa, President of UODO. The company claimed that information by registered mail would be associated with disproportionate costs and thus relies on the vaguely worded exception of Art. 14 (5) GDPR, which states that the provision of such information proves impossible or would involve a disproportionate effort. The supervisory authority however, finds this explanation insufficient as they could have called the data subjects or inform them by regular mail.