Konstytucjonalizacja prawa do ochrony danych osobowych – proces trwający czy zakończony?

Abstract

The article presents arguments for the need to further improve of the Polish constitutional provisions establishing guarantees in the area of personal data protection. To this end, the development and current framework of EU data protection law and the national guarantees of the individual’s informational autonomy introduced in the Polish Constitution are presented. Against this background, the author argues that the Polish Constitution, although it provides certain guarantees related to the protection of information concerning an individual, is not in fact a source of a coherent, consistent and independent public subjective right to the protection of personal data. The author considers whether the examined set of constitutional norms can constitute a control model for assessing the permissibility of using many modern (and intrusive) forms of interference with fundamental rights, including those used by public entities – in this regard, he discusses in detail the case of the ClearView AI system. Particular attention is paid to the impact of the recent reform of the sub-constitutional provisions on the protection of personal data on the legibility and effectiveness of constitutional guarantees of the informational autonomy of the individual.