May Personal Data of Persons Not Holding Public Office Be Included in Orders Issued by a Municipal Mayor and Resolutions of a Municipal Council?

ANSWER

At the outset, reference should be made to the judgment of the Supreme Administrative Court in case I OSK 620/12, which indicates that resolutions of municipal councils published in the Public Information Bulletin (BIP) may not contain personal data of persons not holding public office, unless they have given their consent to such publication.

Although that judgment was issued under the previous Act on the Protection of Personal Data of 1997, it remains current and, in the author's assessment, should continue to be applied. Accordingly, on the basis of the above judgment, the personal data of a perpetual usufructuary should be anonymised for the purposes of the publication of orders or resolutions in the BIP.