C029-29 PKO BP

Data Transfers
Case project
Case status
Pending (3 - 4 years)
Filed: (3 years 11 months ago)

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.

Date Summary
noyb sends a proxy to get access to the case files in Warsaw
Polish DPA rejects the request for access to the files electronically

The justification is that it would be a burden for the DPA to digitise all the paper documents and the complainant did not show a serious reason why he should be granted access electronically (we wrote because neither the complainant nor noyb are based in Poland). 30 days to appeal this decision in courts.

noyb submitted an urgency request

"ponaglenie" urgency request" under Art. 37 KPA to the DPA

Request for an update to the DPA

Asked the DPA to update us on the status of the investigation and on the status of the last request to access the files electronically.

Request to the DPA to access submissions by other parties

We sent a letter to the DPA requesting access to documents electronically.

Polish DPA replied that they are still analysing the case

Polish DPA replied that they are still analysing the case and that the statements by the respondents are being analysed in the framework of the taskforce. They will update us in a separate letter about the results of the investigation.

noyb request to Polish DPA for an update

Sent via ePUAP

noyb asks the Polish DPA for an update
Update by Polish DPA

the Polish informed in the letter that they contacted the Polish controller and Facebook to clarify some things but that the response that they got back from the Polish controller was deemed insufficient so they asked again.

noyb sends follow up request

noyb sent follow-up request via the ePuaP system.

Letter by Polish DPA

We received a letter of the Polish DPA rejecting our request to correspond via email and saying this is illegal

noyb replies to Polish DPA

noyb sent letter in response including translation of Snowden slides, statute of noyb, HAR file on USB key. Also asked for future correspondences to be sent directly to the office via email and not to the data subject's private address.

Polish DPA sends a letter to data subject directly asking for translations into Polish

Polish DPA sent us a letter, asking for: (1) the statute of the entity of noyb in Polish (2) Snowden Slides translated to polish, (3) re-send the HAR file within 7 days of 18.11.2020.