The processing of personal data by law offices after the new EU regulation on the protection of personal data has become effective

Maciej Kawecki

Abstract

General aspiration of the Union to unify the law has been increasingly emphasized throughout the professional literature. The expression of such an activity is the increasing use by the EU legislator of a directive as a means of attaining the objective of unification, not just harmonization of laws. With such a situation we have to deal in the sector of personal data, where the new EU regulation will replace the current directive 95/46 on the protection of personal data. The aim of the article is to focus not so much on the analysis of new legal solutions contained in the draft regulation, but indicate its impact on the legal existence of other sources of law, and the resulting consequences for the processing of personal data in law offices. Special importance in this context is given to the absence in the regulation of a provision corresponding to Article 5 of the Act of 29 August 1997 on the protection of personal data, currently in force. The provision mentioned herein is interpreter by most representatives of the doctrine as forming the basis for exclusion of control powers of the General Inspector with respect to personal data processed in law offices, covered by professional secrecy. Such control and supervision, is inextricably linked to the fact, of the necessity to provide the General Inspector with personal data, making available of which is protected by professional secrecy, acting as more effective protection than resulting from the aforementioned Act. By relying on the case law of the ETS and interpreting the provisions of the new Regulation, the author shows that with the new regulation entering into force, the General Inspector will also be authorized do control data processed by law offices, covered by professional secrecy. The issue is extremely important from a practical point of view, in particular taking into account the wide range of instruments of control granted the General Inspector by the provisions of the Regulation. It is worth stressing the fact that to this day the body, as if confirming the doctrinal views in this respect, in fact decided not to extend the scope of its audits over law offices.