For those that live, work and travel within the Schengen area will have their personal information stored in the Schengen Information System. The information stored on you can change from person to person depending on your travel, work and other elements. In this article we are going to cover how you can request a copy of the information Poland stores on you.
The right to your information
Any person has the right to obtain detailed information concerning their personal data, which is processed in data filing systems.
According to art. 32 par. 5 of the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws No. 101, item 926 with later amendments), the right to information is given to every person interested not often than every 6 months more.
On basis of art. 32 par. 1 point 1-5a of the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws No. 101, item 926 with later amendments), every person who is concerned can request – regarding processing of their personal data – following information:
if such system exists,
since when data is processed,
the source of getting data,
the way data is made available,
the aim and scope of data processing,
the extent and to whom data was made available.
Data controller will reply regarding the requested information within 30 days.
In order to get information about processing personal data in the Schengen Information System or in the Visa Information System you need to submit an application in Polish to address:
Centralny Organ Techniczny KSI
Komenda Główna Policji
The application must contain:
– First name and surname of an applicant
– PESEL Number (if the person has it)
– Date and place of birth
– Place of residence (country, town, street and number house/flat)
– The subject of the application
– Signature of the person making the application.
In order to perform precise data identification, an applicant may attach a copy of their ID with personal data.
According to art. 32 the Act of 14 June 1960 the Polish Administrative Code (Journal of Laws No. 98, item 1071 with later amendments), the party may be represented in administrative proceedings by a proxy unless procedures demand personal engagement.
Rules of giving legal proxy are set in art. 33 the Polish Administrative Code, i.e.:
the proxy of a party can be 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 advisor and patent agent can certify a copy of a proxy given to them.
Refusal of access to personal data
According to art. 34 of the Act of 29 August 1997 on the Protection of Personal Data, the data controller shall refuse to disclose the information referred to in art. 32 par. 1 point 1-5a to the data subject if it caused:
a disclosure of confidential information;
a threat to national defense or national security, to life and health of individuals or to public security and public order;
a threat to a vital economic or financial interest of the State;
a significant breach of personal rights of the data subject of other persons.
The right to correct data, request the suspension of their processing or removal
The data subject may ask the data controller to supplement, update, correct, remove, and temporarily or permanently suspend processing of his/her data. However, the data subject must demonstrate that the data is incomplete, outdated, inaccurate, has been collected with violation of the law or that its processing is no longer necessary to achieve the purpose for which it was collected.
The right to make a complaint
Any person whose data is processed in the Schengen Information System or in the Visa Information System, is entitled to submit a complaint to the Inspector General for Personal Data Protection in relation to the implementation of the provisions on the protection of personal data.
Address for correspondence:
Generalny Inspektor Ochrony Danych Osobowych
ul. Stawki 2
Disclaimer: This information is for educational purposes only. We are unable to answer any questions we might have and always recommend you seek the advice of a legal professional at a registered law firm