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Personal data processing in the consular files

Pursuant to Article 13 of the Regulation (EU) 2016/679 of the European Parliament and of the Council (EU) 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 repealing Directive 95/46/EC (GDPR), we hereby inform that:

  1. The Controller, within the meaning of Article 4(7) of the GDPR, of your personal data is the Minister of Foreign Affairs with their registered office in Poland, in Warsaw (00-580), at Al. J. Ch. Szucha 23.
  2. The Consul of the Republic of Poland in Cairo, with their registered office in Yerevan, performs the duties of the controller in relation to the data included in their consular files.
  3. The Minister of Foreign Affairs has appointed the Data Protection Officer (DPO), who carries out their duties in relation to data processed in the Ministry of Foreign Affairs and its foreign branches. This function is performed by Mr Daniel Szczęsny.

Contact details of the DPO:

registered office address: Al. J. Ch. Szucha 23, 00-580 Warsaw

      E-mail address: iod@msz.gov.pl

  1. Access to the data is granted to persons authorised by the Controller only.
  2. The data included in the consular files are processed on the basis of the premises included in Article 6(1)(c) of the GDPR to implement the duties resulting from separate legal provisions (indicated in the table herein below) by the consul of the RP.
  3. Data are protected under the provisions of the GDPR and cannot be made available to third parties who are not authorised to access these data, and will not be transferred to a third country that does not  guarantee an adequate level of protection equivalent to that provided by the provisions of the GDPR. Data may be transferred to a third country only if such a requirement is specified in Polish law or European Union law, pursuant to the provisions of Articles 44–46 of the GDPR.
  4. Your data may be made available to relevant entities, including public authorities, pursuant to legal provisions. 
  5. Providing your personal data by you is a statutory requirement and it is necessary to consider your case.
  6. If no specific provisions provide otherwise, you have the right to control the processing of data referred to in Articles 15–19 of the GDPR, in particular the right to access your data and to rectify, erase or restrict their processing (if Articles 17 and 18 of the GDPR apply).
  7. Your data will not be processed in an automated way, which will have an impact on making decisions that may have legal effects or may have a significant effect on such a decision. Data will not be profiled.
  8. You have the right to lodge a complaint with the supervisory authority at the following address: Prezes Urzędu Ochrony Danych Osobowych [President of the Office for Personal Data Protection]

ul. Stawki 2

00-193 Warszawa.
 

Detailed information regarding the legal grounds, purpose and period of personal data processing in relation to particular activities performed by the consul of the Republic of Poland

 

 

LEGAL GROUNDS

PURPOSE

PERIOD

Cases relating to lost documents and transferring found documents

Act of 25 June 2015 — Consular law, Act of 6 August 2010 on identity cards

Completing the report of loss or damage of the ID card and issuing a certificate of loss or damage of the ID card. Transferring vehicle registration cards and driving licenses to Poland.

5 years

 

Visa cases

Act of 12 December 2013 on foreigners, Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), Act of 14 July 2006 on entry into the territory of the Republic of Poland, stay and departure from this territory of citizens of EU Member States and members of their families, Act of 25 June 2015 — Consular law

Issuing or refusing to issue a Schengen visa or a national visa, withdrawing or cancelling visas, and settling the application for a re-examination of the visa application.

1 year (from the date of the decision)

Translation cases

Act of 25 June 2015 — Consular law                              

Preparing translations of documents, certifying translations, issuance of a multilingual standard form

 

5 years

Consular assistance cases

Act of 25 June 2015 — Consular law and in conjunction with Articles 6(1)(c) and (d), Article 9(2)(c) and  Article 10 of the GDPR

Providing consular assistance

5 years (with the exception of personal data relating to the return of accepted deposits or return of items found that are processed with no time limit)

Legal assistance cases

Act of 25 June 2015 — Consular law

Delivering letters, hearings, submitting information to the competent authority, court or prosecutor pursuant to a legal assistance application

5 years

 

Cases regarding marital status and the act on changing first names and last names

Act of 28 November 2014 — Martial Status Records Law, Act of 17 October 2008 on changing first names and last names, and Act of 25 June 2015 — Consular law

Completing the application for taking actions provided for in the relevant law provisions

50 years (marriage before the Consul of the Republic of Poland)

10 years (change of first name and last name, recognition of paternity, births, deaths, marriages abroad, transcription of marital status records in the Republic of Poland, other cases regarding the marital status)

Notary public cases

Act of 14 February 1991 — Notary Public Act, Act of 25 June 2015 — Consular law

Completing the application for performing notary public actions provided for in the relevant law provisions.

 

10 years (data relating to the issue of a notarial deed)

2 years (other notary public activities)

Cases regarding the issue of an emergency travel document

Decision of the Representatives of the Governments of the Member States, meeting within the Council of 25 June 1996 on the establishment of an emergency travel document, Act of 12 December 2013 on foreigners, and Act of 25 June 2015 — Consular law

Issuing of an emergency travel document or a Polish emergency travel document for a foreigner.

10 years

the Polish Card cases

Act of 7 September 2007 on the Polish Card, and Act of 25 June 2015 — Consular law

Granting, refusing to grant, cancelling or extending the validity of the Polish Card

10 years

2 years if loss, destruction or finding the Polish Card was reported

School IDs

Act of 25 June 2015 — Consular law

Issuing a school ID

5 years
Certificate issued pursuant to Art. 11aa section 4 Act of October 7, 1999 on the Polish language Act of October 7, 1999 on the Polish language Issuance of a Polish diaspora certificate

5 years

Cases regarding the documents legalisation and obtaining documents from abroad

Act of 25 June 2015 — Consular law

Legalising an official document prepared or authenticated in the host country

2 years

Local border traffic cases

Regulation (EC) No 1931/2006 of the European Parliament and of the Council laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention, and Act of 25 June 2015 — Consular law

Issuing, refusing to issue, cancelling a local border traffic permit

2 years

Passport cases

Act of 27th January 2022 on passports, and Act of 25th June 2015 — Consular law

 

Issuance of a passport document, reporting of loss, destruction, refusal to issue, declaration of invalidity and invalidation of a passport document.

 

60 years in case of issuing a passport, in other cases: 10 years

Repatriation cases

Act of 7 September 2007 on repatriation, and Act of 25 June 2015 — Consular law

Recognising as a person of Polish origin, granting a repatriation visa, providing repatriation grant from the state budget

25 years

Inheritance cases

Act of 25 June 2015 — Consular law

Exercising rights to inheritance vested in the State Treasury; settling inheritances opened before 10 May 2002.

No time limit

Polish citizenship cases

Act of 2 April 2009 on Polish citizenship, and Act of 25 June 2015 — Consular law

Completing the application for: granting Polish citizenship by the President of the Republic of Poland, consent of the President of the Republic of Poland to renounce Polish citizenship, restoration of Polish citizenship, confirmation of Polish citizenship, acceptance of a declaration of consent for the acquisition of Polish citizenship, renunciation of Polish citizenship, recognition as a Polish citizen.

20 years (regarding confirmation of the citizenship, acquisition, assignment, restoration of citizenship and loss of citizenship)

5 years (regarding other correspondence in civic matters)

Cases regarding obtaining information

Act of 25 June 2015 — Consular law

Providing information

2 years

Cases regarding the issuing of certificates

Act of 25 June 2015 — Consular law

Issuing a certificate to implement a legal interest of a party or an obligation resulting from a legal provision.

10 years, and in case of issuing a certificate in the matter of import or carriage of weapons and ammunition through the territory of the Republic of Poland, transport of corpses — exhumation 5 years.

Cases concerning providing support to Poles abroad

Act of 25 June 2015 — Consular law, and pursuant to premises of Article 6(1)(d), and Article 9(2)(c) of the GDPR

Protecting the interests of Polish citizens and Polish legal persons temporarily staying abroad, including information on emergency and crisis situations

5 years

Nationwide elections and referendums

Act of 25 June 2015 — Consular Law, and Act of 5 January 2011 — Election Law

Conducting a vote in the elections of the President of the Republic of Poland, the Sejm of the Republic of Poland and the Senate of the Republic of Poland, the European Parliament, and in a nationwide referendum.

5 years

Cases regarding seaman’s books and other maritime affairs

Act of 25 June 2015 — Consular law,                      Act of 29 June 2020 Maritime Code,
Act of 18 August 2011 on maritime safety,
Act of 16 March 1995 on preventing sea pollution from ships,
Act of 5 August 2015 on maritime work
 

Issuing a seaman’s book, issuing a temporary certificate of Polish membership of the ship, ship security certificate

10 years in case of issuing a seaman’s book, in other cases — 5 years

EPUAP

Act of 17 February 2005 on computerisation of the activities of entities performing public tasks

Confirming a trusted profile

20 years

Cases regarding applications for permission to serve in a foreign army, providing access to documents in the Institute of National Remembrance (IPN) resources

Act of 25 June 2015 — Consular law

Submitting a request to a competent authority for consent to serve in a foreign army or foreign military organisation, submitting an application to the Institute of National Remembrance for access to documents in the resources of the Institute of National Remembrance

10 years

 
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