Church models of personal data protection – Bernard Łukańko

In the past, churches and religious communities were responsible for documenting data, for example, on birth or marriage. Nowadays, while processing data of their members and other persons entering into various legal relations with churches and religious associations, these entities use modern IT techniques. This requires a special commitment to avoid risks associated with data processing. The issue of personal data protection in churches is extremely important, not only from a theoretical perspective but also in practical terms.

The monograph presents the genesis and evolution of personal data protection in churches, religious associations and religious communities, taking into account the legal framework for the distinct status of churches and religious associations in the work on personal data protection reform.

When discussing the issue of personal data protection in churches and religious associations since Regulation (EU) 2016/679 of the European Parliament and the regulation 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to the processing of personal data and on the free movement of such data came into effect and Directive 95/46/EC was repealed (i.e. after 25 May 2018), the author took into account domestic and foreign acts of internal law and the case law of the CJEU and national courts. The study covers the solutions adopted in the acts of internal law of six churches in Poland: The Catholic Church, the Polish Autocephalous Orthodox Church, the Evangelical-Augsburg Church in the Republic of Poland, the Evangelical-Reformed Church in the Republic of Poland, the Pentecostal Church in the Republic of Poland and the Seventh-day Adventist Church in the Republic of Poland, as well as selected foreign churches.

While presenting the role of Article 91 GDPR in the EU model of personal data protection, the author outlines the premises allowing churches and religious associations to apply their own detailed rules of personal data protection, as well as the requirements for separate supervisory bodies within the meaning of Article 91 GDPR. The starting point for the analysis is the premise that the EU legislature, by creating the exceptional and optional solution contained in Article 91 GDPR, did not intend to create within churches a space free from personal data protection, but rather to ensure high level personal data protection, though not identical similar in terms of rights and obligations, while respecting the status of churches as set out in Article 17 TFEU, that is, while guaranteeing respect for the doctrinal principles of churches and ensuring a stable institutional framework for supervision over the processing of personal data. The monograph discusses the legal measures provided for in church internal laws governing the protection of personal data.

Wydanie: Warszawa 2019
Stan prawny: 28.02.2019 r.
Wydawca: Wolters Kluwer
Seria: Monografie
ISBN: 978-83-8160-698-1
Ilość stron: 352
Publikacja dostępna w Bibliotece INP PAN sygn. 54593