Instrumenty prawne w zakresie bezpieczeństwa danych osobowych przetwarzanych na forum sądownictwa wyznaniowego

Анотація

The division between the state and churches and other religious organisations, expressed in art. 25(3) of the Constitution of the Republic of Poland, justifies the admissibility of interference by public authorities in internal matters of a given religious organisation. However, churches and other religious organisations are not excluded from the legal order of the state when they enter into circulation regulat- ed by state law or when their operation affects the common good or the rights of third parties. The rulings of the church court in matrimonial matters do not have ex lege legal effects in Polish law. The separation of the jurisdiction of ecclesiastical and secular courts results, in particular, from the fundamental differences between Polish law and canon law with regard to the reasons for the validity and termina- tion of marriage. The protection of personal data in religious courts should not be understood only as compliance with state law. The Catholic Church does not have to obtain special consent to collect personal data of its members, because the very fact of their membership in the Church determines its right to process such data. The aim of the article is to characterise the code mechanisms used in the field of security of personal data processed in the forum of the religious judiciary.