C029-101 Onet-RAS Polska Group
Case projectData Transfers
ControllerOnet-RAS Polska Group
Case statusPending (3 - 4 years)
This is one of noyb 101 complaints which were filed after the "Schrems II" judgement in Summer 2020. The judgement invalidated the EU-US data transfer mechanism "Privacy Shield". The cases were generated based on implemented Google Analytics or Facebook tracking code on websites by EU providers, which leads to unlawful data transfers to the United States.
noyb sends a proxy to get access to the case files in Warsaw
noyb submitted an urgency request
Submitted "ponaglenie" ("urgency request") from Art. 37 KPA to the DPA
Polish DPA replied that the complaints are still being investigated
Polish DPA replied that the topic of the complaints is very complex and that the DPA is working with other DPAs from the taskforce. After the decision is made it will be immediately delivered to the parties.
noyb asked the Polish DPA for an update
DPA decision on request to electronic access to documents
DPA dismissed the request for electronic access to documents justifying it by the fact that the legal provision Art. 73(3) of the Polish administrative procedure act does not impose an olbigation but only creates a possibility for the authority to share documents electrnocially. Since the case is mainly processed in paper form and currently accounts to over 520 pages of evidence, the DPA refuses to transofrm the documentation into the electronic form because that would be too burdensome considering that the DPA does not have sufficient resources to do that (eg insufficient number of scanners). We decided not to appeal this decision and wait until the DPA sends a notification about evidence in a case filed by Romain (C029-29).
Polish DPA dismissed the request for electronic access to the case files
Polish DPA dismissed the request for electronic access to documents justifying it by the fact that the legal provision Art. 73(3) of the Polish administrative procedure act does not impose an obligation but only creates a possibility for the authority to
noyb sent a request to get access to the case files electronically
Polish DPA informed they are ready to issue a decision
Polish DPA informed they are ready to issue a decision and that the complainant has time until 11.03.2022 (7 days from the receipt of the letter, which was received on 04.03.2022) to make a statement on the evidence gathered in the case. The complainant c
Polish DPA states that they continue to work
Polish DPA states that they "continue to work with the other authorities" and will inform about the outcome of the investigation in a separate letter. No updates since August 2021.
noyb sent follow up request
noyb sent follow-up request via the ePuaP system (Electronic Platform of Public Administration Services).
Polish DPA confirmed that they have started the investigation
Polish DPA confirmed that they have started the investigation in the complaint. With regard to the LSA, they are currently waiting for other DPAs involved in 101 complaints & EDPB to clarify this. With regard to evidence, they say they had contacted the c