Object structure


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Legal basis for the processing of personal data by financial institutions in case of a non-concluded contract


Piwowarczyk, Marika



Subject and Keywords:

GDPR ; personal data protection ; personal data ; financial institutions ; banks ; lawfulness of processing ; data protection authority ; DPA ; banking law ; creditworthiness assessment


The purpose of the article is to analyze the problem related to the processing of personal data by financial institutions, including banks in case of non-concluded loan contract by a natural person in the context of personal data processing on the basis of the legitimate interests pursued by the controller. In particular, the analysis involved the case of personal data processing for generally understood archiving purposes archiving purposes. The article analyzes the last statement of the supervisory body regarding the appropriateness of data processing by a financial institution in case of a non-concluded loan contract – General Inspector of Personal Data Protection and the decision of the Provincial Administrative Court issued on the ground of the Act on the Protection of Personal Data of August 29, 1997. These statements were compared with the new legal order resulting from the entry into force of Regulation (EU) 2016/679 of the European Parliament and 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, and repealing Directive 95/46/EC (GDPR) as well as the amendments to the Banking Law Act (in force since May 2019) regarding the obligation to provide explanations on the assessment of the applicant's creditworthiness and the automated credit decision taken

Place of publishing:



E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego


Górnicki, Leonard. Red.

Date issued:


Resource Type:



ISSN 2450-3932




pol ; eng

WUL Catalog:

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Is part of:

Folia Iuridica Universitatis Wratislaviensis. 2019, vol. 8, no 1

Is referenced by:



Folia Iuridica Wratislaviensis

Rights holder:

© Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Location of original object:

Library of the Faculty of Law, Administration and Economics

Autor opisu:

WR U/PAdjm ; TK