Who needs to register their data filing systems
The obligation to notify a data filing system with the Inspector General for Personal Data Protection (GIODO) rests on the data controller, meaning the entity that decides on the purposes and means of the processing of personal data.
The status of data controller may be attributed both to public and private sector entities. A data controller may be a state authority, a local self-government body, state and municipal organizational unit, as well as a private entity carrying out public duties, a natural and legal person, and an organizational unit without legal status if it involves the processing of personal data as part of its business or professional activity or the implementation of its statutory objectives. It is not important whether the data controller processes the data independently or has entrusted processing to another entity by way of an agreement on the basis of Article 31 of the Act on the Protection of Personal Data.
A data controller in the private sector is, in principle, the entity itself (e.g. a company, cooperative, a one-person-company, association, foundation), and not the person or persons who manage the entity (e.g. director, president of a cooperative, company management) or a worker performing activities related to the protection of personal data (such as the Board representative for the protection of personal data, administrator of information security). However, it is persons who manage the entity that are responsible for breaches of legal provisions on the protection of personal data. These persons may be held criminally liable for crimes defined in Chapter 8 of the Act on the Protection of Personal Data, if fault can be assigned to their actions, in violation of the provisions of the Act, taken in connection with the representation of the data controller. In addition, it should be noted that the data controller of data processed by an organizational unit of a legal entity (e.g. company branch) is in principle the legal entity itself and not its organizational unit (company branch).


