Footnotes

[2108] The Constitutional Act of 1997.

[2109] Law on the Protection of Personal Data, Dz.U. nr 133, poz. 833, October 29, 1997.

[2110] "The Info Boom's Murky Side," Warsaw Voice, November 9, 1997.

[2111] The Regulation of June 3, 1998 by the Minister of Internal Affairs and Administration as regards Establishing Basic, Technical and Organizational Conditions which Should Be Fulfilled by Devices and Information Systems Used for the Personal Data Processing, Journal of Laws, June 30, 1998, No. 80, item 521.

[2112] Act of August 25, 2001 amending the Act on Personal Data Protection, Journal of Laws, No. 100, item 1087.

[2113] Letter from Mr. Jaroslaw Trelka, Director, Legal Department of Bureau of Inspector General for Personal Data Protection to Mr. Cédric Laurant, Policy Counsel, Electronic Privacy Information Center (EPIC), July 9, 2003 (on file with EPIC).

[2114] Homepage http://www.giodo.gov.pl.

[2115] See Christopher Millard and Mark Ford, Data Protection Laws of the World, Volume 2 (Sweet and Maxwell 2000).

[2116] "A One-Woman Orchestra," Warsaw Voice, June 21, 1998.

[2117] As of June 2002, the Bureau had 102 staff members, up from 51 in April 1999.

[2118] The Legal Department prepares answers to the legal questions being lodged; analyzes legal acts with regard to their compliance with the LPPDP; prepares legal opinions for the Inspector General, the Director of the Bureau and the other departments. The Inspection Department performs inspection activities in order to assess the compliance of processors with the appropriate provisions of the LPPDP; works on projects to the decisions issued as a result of inspections; demands institution of disciplinary proceedings against persons found to be guilty of the negligence during inspections, and prepares notifications of committed offences addressed to law enforcement. The Registration Department keeps the register of personal data filing systems, accepts applications for data filing system registration, drafts decisions on refusal of data filing system registration and other letters connected with registry procedure, and issues certificates on personal data filing systems. The Computer Department carries out inspection activities together with the employees from the Inspection Department, assesses the requests for registration of data filing system with regards to compliance with technical and organizational requirements for processing systems, and secures the access to the Bureau's computer system. The Complaints Department considers complaints and motions concerning the compliance with the provisions on personal data protection, drafts decisions issued in cases examined by the Complaints Department, drafts notifications on committed offences addressed to law enforcement bodies, and requests inspections on the basis of complaints received. Letter from Mr. Jaroslaw Trelka, supra.

[2119] Id.

[2120] Id. In 2001, the Bureau received 1555 inquiries about the Act, 795 complaints and 534 legislative proposals for comment. The Bureau conducted 198 inspections, and issued 676 decisions and 52 notifications of breaches. There are 54,886 registered with the Bureau. Statistics Concerning the Activity of the Bureau of the Inspector General for the Protection of Personal Data, available at http://www.giodo.gov.pl/English/english.htm.

[2121] Letter from Mr. Trelka, supra.

[2122] Lecture by Ewa Kulesza, The Inspector General of Poland for Protection of Personal Data.

[2123] E-mail from Igor Kowalewski, International Relations Officer, Bureau of the Inspector General for Personal Data Protection, to Sarah Andrews, Research Director, EPIC, June 20, 2002 (on file with EPIC).

[2124] European Conference on Data Protection, "Council of Europe Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data: Present and Future," November 19-20, 2001, Warsaw (Poland).

[2125] Agenda and meeting notes available at Central and Eastern Europe Data Protection Authorities Web Site http://www.ceecprivacy.org/main.php?s=1.

[2126] "Constitutional Tribunal Allows Treasury to Screen Bank Accounts," Polish News Bulletin, April 12, 2000.

[2127] Andrzej Adamski, "Computer Crime in Poland: Three Year's Experience in Enforcing the Law," presented to the Council of Europe Conference on Cybercrime, Budapest, November 2001, available at http://www.coe.int/T/E/Legal%5FAffairs/Legal%5Fco%2Doperation/Combating%5Feconomic%5Fcrime/Cybercrime/International_conference/3National_reports.asp#TopOfPage.

[2128] Some Remarks on Human Rights Protection in Poland (in connection with the fourth periodic report of Republic of Poland on implementation of the International Covenant on Civil and Political Rights), Helsinki Foundation for Human Rights, available at http://www.hfhrpol.waw.pl/en/index.html.

[2129] United States Department of State, Country Reports on Human Rights Practices 2001, March 4, 2002, available at http://www.state.gov/g/drl/rls/hrrpt/2001/eur/8321.htm.

[2130] Id.

[2131] United Nations, Report of the Human Rights Committee, A/54/40, October 21, 1999.

[2132] International Helsinki Federation for Human Rights, "Human Rights in the OSCE Region: The Balkans, the Caucasus, Europe, Central Asia and North America," Report 2002 (events 2001) available at http://www.ihf-hr.org/reports/AR2002/country%20links/Poland.htm.

[2133] "New Police Unit to Combat Organised Crime," Polish News Bulletin, January 4, 2000.

[2134] The Regulation of January 24, 2003 by the Minister of Infrastructure - Journal of Laws of 2003, No. 19, item 166. (Theconcern is mentioned in the Mr. Trelka's letter, supra.)

[2135] See David Banisar (Privacy International), Freedom of Information and Access to Government Records Around the World,June 2002, available at http://www.freedominfo.org/survey/.

[2136] The Classified Information Protection Act of 22 January 1999.

[2137] See "Freedom of Information and Access to Government Records Around the World," supra.

[2138] Signed April 21, 1999; ratified May 23, 2002; entry into force September 1, 2002.

[2139] Signed November 23, 2001.