The role of Polish SA in relation to Poland's membership in the European Public Prosecutor's Office
The President of the Personal Data Protection Office will oversee the national aspect of the European Public Prosecutor's Office (EPPO) data flow within the Coordinated Surveillance Committee (CSC).
Mirosław Wróblewski, President of the Personal Data Protection Office, informed Adam Bodnar, Minister of Justice, that in connection with the confirmation of Poland's participation in the enhanced cooperation in the establishment of the European Public Prosecutor's Office, the President of the Personal Data Protection Office, as an independent public authority, was accepted on 19 September 2024 as a member of the Committee for the Coordinated Supervision of the transmission of data using the European Public Prosecutor's communication channels, which requires action at the national level.
The European Data Protection Supervisor shall act in close cooperation with the national Supervisory Authorities on specific issues requiring national action, in particular if the European Data Protection Supervisor or a national Supervisory Authority identifies significant divergences between the practices of the Member States of the European Union, or identifies potentially unlawful data transfers using the communication channels of the European Public Prosecutor's Office, or in the context of enquiries raised by one or more national Supervisory Authorities.
The European Public Prosecutor's Office is the authority competent to investigate, prosecute and bring to justice the offenders and co-offenders affecting the financial interests of the European Union. It is an indivisible Union body with a decentralised structure, acting as a single office. The European Public Prosecutor's Office initiates investigations, brings indictments and acts as public prosecutor before the competent courts of the Member States until the case is finally concluded.
The European Public Prosecutor's Office is organised at central and non-central levels.
The non-central level consists of the European Delegated Prosecutors who operate in the Member States. Delegated European prosecutors shall be able to obtain, under the same conditions as apply under national law in similar cases, all relevant information held in national databases containing pre-trial and law enforcement data, as well as in all other registers held by public authorities.
The European Data Protection Supervisor (EDPS) is responsible for monitoring and ensuring the application of the rules protecting the fundamental rights and freedoms of individuals with regard to the processing of operational personal data by the European Public Prosecutor's Office. However, in situations that require national action, the EDPS acts in close cooperation with national Supervisory Authorities within the framework of the Coordinated Supervision Committee. This may be the case, for example, when the EDPS or a national Supervisory Authority identifies significant divergences between the practices of the European Union Member States or identifies potentially unlawful data transfers using the European Public Prosecutor's communication channels.
To this end, the EDPS and the national supervisory authorities may exchange relevant information and assist each other in carrying out audits, examine difficulties of interpretation or application, analyse problems related to the exercise of independent supervision or to the exercise of rights by data subjects, draw up harmonised proposals for common solutions to any problems and promote awareness of data protection rights.
According to the Coordinated Supervision Committee's action plan for 2022-2024, activities during this period include monitoring how delegated European prosecutors are implemented at Member State level and the interconnection between the European Public Prosecutor's Office and national databases.
The President of the Personal Data Protection Office has for many years been an active member of the Coordinated Oversight Committee for the oversight of the European Union's large-scale information systems.
The Coordinated Supervision Committee shall submit a report on its activities to the plenary meeting of the European Data Protection Board. The European Data Protection Board then submits it to the European Parliament, the Council and the European Commission.
