Archive for: Polish Act on Electronic Signature

E-access to public information, case II SAB/Wa 86/07

February 20th, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court (VAC) in Warsaw, in a judgment of 10 December 2007, case file II SAB/Wa 86/07, held that the request filed in the electronic form (e-mail) that was not signed with the qualified electronic signature is a legally sufficient request for public information. Furthermore, the request for public information does not initiate the administrative proceedings and it is not intended to finalize the proceedings with the refusal. It is logical and obvious that applicant’s intention is to obtain information and not to receive a negative decision. The request for public information can take any form, unless it is sufficiently clear what is requested.

See also my post entitled “Polish case law on e-access to public information“.

Categories: Polish Act on Electronic Signature | Polish Act on access to public information | Voivodeship Administrative Court | e-access | e-documents | e-proceedings | e-signature | public information.

E-signatures in Poland

January 29th, 2010, Tomasz Rychlicki

Current Polish legislation on e-signature include the Act of 18 September 2001 on Electronic Signature – ESA – (in Polish: ustawa o podpisie elektronicznym) Journal of Laws (Dziennik Ustaw) of 15 November 2001, No 130, item 1450, with later amendments. The ESA introduced in article 3 two types of e-signature: “electronic signature”, which means data in electronic form which, together with other data, either attached thereto or logically associated therewith, are capable of identifying the signatory and the so-called “secure electronic signature”, which means electronic signature which is uniquely assigned to the signatory, is made using secure signature-creation device and signature-creation data that the signatory can maintain under his sole control, is related to the data to which it has been attached in such a manner that any subsequent change of the data is recognizable.

According to article 5 of the ESA, the data in electronic form bearing a secure electronic signature verified by a valid qualified certificate shall be legally recognized as equivalent to documents bearing handwritten signatures. A secure electronic signature verified by a valid qualified certificate shall ensure the integrity of the data bearing the signature and unambiguous indication of the qualified certificate by assuring that any subsequent changes of the data and any subsequent changes of the indication of the certificate used to verify the signature are recognizable.

Recently, the Polish Ministry of Economy proposed amendments to the ESA. The draft provides new types of e-signatures that are consistent with the Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signature.

The draft provides 4 types of e-signature: normal, advanced, personal and certified. The normal one will be the same features as present “electronic signature” as defined in article 3 of the ASA and will primarily serve as a declaration of identity.

The advanced e-signature will have to meet the additional requirements for certification of the person using it. It will certify the data integrity and allow you to establish the identity of the signatory to both individuals and legal persons, such as when submitting electronic invoices.

The data in electronic form signed by a qualified (secure) electronic signature will have specific legal effects – the same as a handwritten signature for the data recorded on paper. Such data will be admissible as evidence in legal proceedings. The signature will be used to sign statements of knowledge and will.

Categories: Art. 3 ESA | Art. 5 ESA | Directive 1999/93/EC | EU law | Polish Act on Electronic Signature | Polish law | computer law | digital economy | e-signature.

Polish case law on e-access to public information

January 21st, 2010, Tomasz Rychlicki

Below, you will find a list of judgments on e-access to public information. By “e-access to public information” I mean all issues related to obtaining public information through or with the help of IT technology. You can find a more detailed discussion on each judgment under the link provided with the case file. All judgments are given in chronological order.

- The judgment of the Regional Court Katowice Wchód in Katowice of 27 April 2010, case file I C 19/10.

- The judgment of the Voivodeship Administrative Court (VAC) in Szczecin of 16 December 2009, case file II SAB/Sz 148/09.

- The judgment of the Voivodeship Administrative Court in Warsaw, case file II SAB/Wa 57/09.

- The judgment of the Voivodeship Administrative Court in Warsaw of 10 December 2007, case file II SAB/Wa 86/07.

Categories: Polish Act on Electronic Signature | Polish Act on access to public information | Polish Supreme Administrative Court | Voivodeship Administrative Court | case law | e-access | e-documents | e-proceedings | e-signature.