Is free legal aid also a separate data controller, or is a data processing agreement concluded with the legal aid provider?
ANSWER
For the purposes of this answer, it is assumed that the question concerns free legal aid as defined in the Act of 5 August 2015 on free legal aid, free civic counselling and legal education.
A legal adviser or advocate (authorised entity) providing free legal advice carries out obligations set out in the Act of 5 August 2015 on free legal aid, free civic counselling and legal education. The authorised entity keeps case documentation in accordance with the Act, which it does not pass to the entity organising free legal aid (the county). Since the authorised entity's activities are based on provisions of law and on the agreement concluded, it should be accepted that it is an independent data controller of the personal data of persons to whom it provides legal assistance.
A legal adviser or advocate providing free legal aid may be a processor in the scope in which they receive statements from persons entitled to free legal aid benefits and then pass them to the starosta. Under Article 4(4) of the above Act, the starosta is the controller of data contained in the statement. In this respect, concluding a data processing agreement is justified.
