TRANSLATION
PRESIDENT
OF THE PERSONAL DATA
PROTECTION OFFICE
Jan Nowak
Warsaw, 29 April 2021
Ref. No.: ZSPR.440.464.2019.PT.BS
(previous Ref. No.: ZSPR.440.464.2019.ZS.AS)
DECISION
On the basis of Article 105 § 1 of the Act of 14 June 1960 Code of Administrative
Procedure (consolidated text: Dz. U. [Journal of Laws] of 2020 item 256, as amended) and
Article 7 para. 1 of the Act of 10 May 2018 on the personal data protection (consolidated text:
Dz. U. [Journal of Laws] of 2019 item 1781), the President of the Personal Data Protection
Office in the case of , residing at ), relating to
irregularities in the processing of his personal data by . with its registered seat in
Luxembourg, ), consisting in not fulfilling the request
to erase the personal data of ,
decides to discontinue the proceedings.
JUSTIFICATION
On 14 February 2019, the Personal Data Protection Office received a complaint from
, residing at , hereinafter referred to as: ‘the
Complainant’, on irregularities in the processing of his personal data by . based in
Luxembourg with its seat in Luxembourg at
hereinafter referred to as the Company, consisting in failure to comply with the request to erase
Complainant’s personal data.
On 27 August 2020, the Personal Data Protection Office received a letter from the
Complainant informing that he withdraws the complaint submitted to the President of the
Personal Data Protection Office.
Due to the withdrawal of the complaint, the proceedings became redundant, and the
present proceedings are subject to discontinuation pursuant to Article 105 § 1 of the Act of 14
June 1960 Code of Administrative Procedure (consolidated text: Dz. U. [Journal of Laws] of
2020 item 256, as amended), hereinafter referred to as: ‘the Code of Administrative Procedure’.
In accordance with the above-mentioned provision, when the proceedings for any reason have
become redundant in whole or in part, the public administration authority shall issue a decision
to discontinue the proceedings, in whole or in part, respectively. The wording of the above-
mentioned provision leaves no doubt that in the event when the proceedings are deemed
groundless, the authority conducting the proceedings obligatorily discontinues them.
The determination by the public authority of the existence of the premise referred to in
Article 105 § 1 of the Code of Administrative Procedure obliges it, as it is emphasized in the
doctrine and jurisprudence, to discontinue the proceedings.
In this factual and legal background, the President of the Personal Data Protection Office
adjudicated as in the operative part.
Under the authority of the President
of the Personal Data Protection Office
This decision is a final decision. Based on Article 7 para. 2 of the Act of 10 May 2018 on the Protection of
Personal Data (consolidated text: Dz. U. [Journal of Laws] of 2019, item 1781) and in connection with Article 13 §
2, Article 53 § 1 and Article 54 of the Act of 30 August 2002 Law on proceedings before administrative courts
(consolidated text: Dz. U. [Journal of Laws] of 2019, item 2325), the party has the right to bring a complaint to the
Wojewódzki Sąd Administracyjny w Warszawie [Voivodeship Administrative Court in Warsaw] against this
decision, within 30 days from the date of delivery of this decision, through the President of the Personal Data
Protection Office (address: Urząd Ochrony Danych Osobowych, ul. Stawki 2, 00-193 Warszawa). The fee for the
complaint is PLN 200. The party has the right to apply for the right of assistance, which includes exemption from
court costs and the appointment of an attorney, legal advisor, tax advisor or patent attorney. The right of assistance
may be granted upon application by a party submitted prior to the initiation of the proceedings or in the course of the
proceedings. This application is exempt from court fees.
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