Article 34 PDPA
Status, appointment, removal and term of office of the President of the Office
1. The President of the Office is the competent authority for the protection of personal data.
2. The President of the Office is a supervisory authority within the meaning of Regulation 2016/679, within the meaning of Directive 2016/680 of the European Parliament and of the Council (EU) of April 27, 2016 on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection and prosecution of criminal offenses and the execution of penalties, on the free movement of such data and repealing Council Framework Decision 2008/977/JHA (Official Journal of the European Union. Urz. EU L 119 of 04.05.2016, p. 89) and within the meaning of Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol), replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135 of 24.05.2016, p. 53).
3. The President of the Office is appointed and dismissed by the Sejm of the Republic of Poland with the consent of the Senate of the Republic of Poland.
4. A person may be appointed to the position of President of the Authority who:
1) is a Polish citizen;
2) has a higher education;
3) Is distinguished by legal knowledge and experience in the field of personal data protection;
4) enjoys full public rights;
5) has not been sentenced by a final judgment for an intentional crime or an intentional fiscal crime;
6) has a good reputation.
5. The President of the Authority in the performance of his tasks is subject only to the law.
6. The term of office of the President of the Office is 4 years, starting from the date of taking the oath of office. After the expiration of the term, the President of the Office shall perform his duties until the new President of the Office takes office.
7. The same person cannot be President of the Authority for more than two terms.
8. The term of office of the President of the Office expires upon his death, dismissal or loss of Polish citizenship.
9. The President of the Authority may be dismissed before the end of his term of office, only if:
1) relinquished his position;
2) became permanently incapacitated as a result of an illness diagnosed by a medical certificate;
3) embezzled his oath;
4) has been convicted by a final court sentence for committing an intentional crime or an intentional fiscal crime;
5) was deprived of public rights.
10. If the term of office of the President of the Office expires, his duties are performed by the Deputy President of the Office designated by the Speaker of the Diet.
