The decision of the Polish data protection authority to sanction a deputy with a warning for unlawful disclosure of personal data was confirmed by the judiciary, emphasizing that holding a public office does not exempt one from respecting the principle of necessity.

Facts and context

The Warsaw Voivodeship Administrative Court confirmed, by a judgment dated 3 September 2026, a decision of the Polish data protection authority (Urząd Ochrony Danych Osobowych - UODO) dated 7 October 2025. This decision issued a warning to Deputy Kazimierz Smoliński for processing personal data deemed unlawful.

The case arose from the deputy's disclosure of personal data identifying the owner of a property during a parliamentary inspection concerning this property, which was broadcast live during the 2025 presidential campaign.

Reasons for the decision

• Lawfulness obligation of processing (Article 6 of the GDPR): The authority, followed by the court, considered that the deputy had no legal basis for the public disclosure of the data of the data subject. It was held that this disclosure was not necessary for achieving the declared objective, namely conducting a parliamentary inspection. The UODO emphasized that the deputy could have exercised his mandate by means less intrusive to the privacy of the person, without making public information allowing their identification.

Decision of the authority

Consequently, the authority issued a warning to the deputy.

Lessons

This decision reminds that:

• Holding a public office or a mission of public interest does not constitute a general authorization for any data processing; each action, notably disclosure, must be strictly necessary for the pursued objective.
• The data minimization principle applies strictly, even when processing is based on public interest; less intrusive methods for individuals' privacy must always be preferred.
• Live broadcasting of an intervention involving the processing of personal data significantly increases risks to individuals' rights and freedoms and requires a particularly strict assessment of the necessity and proportionality of the disclosure.