Przetwarzanie danych osobowych przez podmioty Kościoła katolickiego w Polsce: transfer pomiędzy państwami

Abstract

The theme of the monograph is the processing of personal data between countries by subjects of the Catholic Church in Poland in accordance with the regulations of the universally binding law and church law. The author answers the questions about the conditions of legality of transborder personal data transfer, legal and canonical responsibility of the subjects who make this form of data transfer, as well as rights and obligations of the persons whose data are processed in this way. The first chapter of the book discusses the protection of personal data in the perspective of the Catholic Church. Also, the European law and the Polish law, as the legal environment for the activities of the Catholic Church in Poland are presented. The second chapter of the book concerns the transborder nature of data, i.e., the specific feature of data processed when crossing the state border according to the secular and church regulations of substantive law. This chapter indicates the discrepancies between the General Decree on the Protection of Individuals in Connection with the Processing of Personal Data in the Catholic Church issued by the Polish Bishops’ Conference on 13 March 2018 and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) as regards the scope of these two normative acts. The last third chapter of the monograph mainly covers the presentation of procedural regulations concerning the process of transferring of personal data and the subjects of this process, i.e., the data subject, the controller, and the supervisory authority. This part of the book also discusses the issue of data transfer to the Holy See. The conclusions specify the sources of difficulties in the simultaneous application of the norms of the church and secular law by the subjects of the Catholic Church in Poland when processing personal data, the errors and omissions of the Church decree regulating this matter. The Author also formulated the postulate de lege ferenda concerning church regulations governing the transfer of personal data between countries.