Execusion of rights of the data subjects in SIS in Poland

EXECUTION OF RIGHTS OF THE DATA SUBJECTS IN SIS IN POLAND

In Poland, the rights of the data subjects are exercised directly. This means that data subjects must direct their requests to the data controller. In accordance with Article 10 of the Act of August 24, 2007 on the Participation of the Republic of Poland in the Schengen Information System and the Visa Information System, in Poland, the data controller for data processed in the Schengen Information System is the Commander-in-Chief of the Police.

SIS Data Controller in Poland

Official name of the body to which a request for access should be addressed

Central Technical Authority of the National IT System (CTA NITS) - Commander-in-Chief of the Police

Address

Centralny Organ Techniczny KSI

Komenda Główna Policji

National Police Headquarters

148/150 Puławska St.

02-624 Warsaw

Poland

Telephone

(+ 48) 47 72 148 79

(+ 48) 47 72 131 45

Fax

+48 47 72 129 21

Email Address

The National Police Headquarters has launched an Electronic Inbox on the ePUAP platform. It enables the receipt and handling of electronic documents signed with a qualified electronic signature. Please note that in order to submit an application to the National Police Headquarters, it is necessary to have a free user account on the ePUAP platform.

Electronic Platform of Public Administration Services (ePUAP) is a Polish nationwide platform for communication of citizens with public administration in a uniform and standardised way. Service providers are public administration units and public institutions. Currently all administration services are available in Polish only.

More information is available on the website.

How to make an individual request and what to include in it?

Who can submit a request

 Every person has the right to:

• · access to his/her personal data
• · rectification of inaccurate personal data concerning him or her
• · erasure of his/her personal data unlawfully processed

A person may be represented by a proxy, unless the nature of the act requires his / her personal action, in accordance with Art. 32 of the Act of 14 June 1960, the Polish Administrative Proceedings Code (Journal of Laws of 2022, item 2000, as amended).

Rules of giving a legal proxy are set in Art. 33 of the Polish Administrative Proceedings Code, i.e.:

 · the proxy of a party can be a natural person having legal capacity;

• · the proxy should be submitted in writing;
• · the proxy attaches to the file an original or officially certified copy of the proxy.

A lawyer or a legal/tax advisor and patent agent can certify a copy of a proxy given to them.

How the request should be submitted

First, you should complete the form attached below and available on the website of the National Police Headquarters.

The application to Central Technical Authority of the National IT System (CTA NITS) - The Commander in Chief of the Police can be directed to:

• by post

Centralny Organ Techniczny KSI

Komenda Główna Policji

Puławska Street 148/150

02-624 Warsaw

Poland

• · via an electronic inbox available on the website.

Necessary information to be included in the application

A written application should be submitted in Polish and should obligatorily include:

a) name(s) and surname of the applicant;

b) citizenship;

c) date and place of birth (city and country);

d) address for return correspondence (country, city, postal code, poviat/area, voivodeship/district, street and house/apartment number) - in the case of an application sent by post;

e) the subject of the application;

f) handwritten signature of the person submitting the application.

Additionally, in order to unambiguously identify the data, the applicant may provide in the application:

a) previous/family name;

b) personal identification number (PESEL number) (if the person has it);

c) gender;

d) attach a photo copy of the page of the identity document containing personal data.

In case of doubts as to the identity of the person who submitted the application, the administrator may request additional information necessary to confirm the person's identity[1]. Art. 28 of the Act on the protection of personal data in connection with the prevention and combating of crime and Art. 12(6) of the GDPR

Documents to be supplied

• · Written application.
• · A copy of a valid identity document as defined by the national law of a Schengen State (passport/ID card/driving licence (other valid identity document);

 · An original or officially certified copy of the proxy (in case of authorisation of representation by third party).

Language

The official language in Poland is Polish, therefore all applications must be made in Polish.

Link to website where information on how to apply for information/correction/deletion of data is available.

Detailed information on formal requirements of the application is available on the website of the National Police Headquarters.