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TRANSLATION
PRESIDENT
OF THE PERSONAL DATA
PROTECTION OFFICE
Jan Nowak
Warsaw, 8 July 2021
Ref. No.: DS.523.839.2021.PT.BS
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 2021 item 735) 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) in the case of , residing in at
, relating to irregularities in the processing of his personal data by
with its headquarters in Malta (address:
), consisting in disclosing personal data of by
. for with its headquarters in Wrocław (address:
), without legal basis, the President of the Personal Data Protection
Office
decides to discontinue the proceedings.
JUSTIFICATION
On 7 May 2019, the Personal Data Protection Office received a complaint from
, residing in at hereinafter referred to as the
Complainant, on irregularities in the processing of his personal data by . with
its headquarters in Malta (address:
), consisting in disclosing the Complainant’s personal data by . for
with its headquarters in Wrocław (address:
), without legal basis.
On 6 July 2021, 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
2021 item 735), 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, respectively, in whole or in part. The wording of the above-
mentioned regulation leaves no doubt that in the event that the proceedings are deemed
groundless, the authority conducting the proceedings will obligatorily discontinue 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 sentence.
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
Provincial 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: Personal Data Protection Office,
Stawki 2, 00-193 Warsaw). 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 free of court fees.
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