The controller of personal data processed in the Ministry of Development Funds and Regional Policy under the Norwegian Financial Mechanism 2014-2021 and the EEA Financial Mechanism 2014-2021 is the Minister of Finance, Development Funds and Regional Policy, 2/4 Wspólna Str., 00-926 Warsaw, hereinafter referred to as the Data Controller or the Minister.
I. The purpose of personal data processing
The purpose of data processing is to carry out the tasks of the National Focal Point, Program Operator, Certifying Authority.
II. Legal basis for the processing of personal data
The legal basis for data processing is the fulfillment of legal obligations incumbent on the Minister (Article 6 paragraph 1 letter c of the GDPR[1]), in connection with:
- an agreement between the Kingdom of Norway and the European Union regarding the Norwegian Financial Mechanism 2014-2021[2] and the Memorandum of Understanding on the implementation of the Norwegian Financial Mechanism 2014-2021[3] and Regulations on the implementation of the Norwegian Financial Mechanism for 2014-2021[4];
- an agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on the EEA Financial Mechanism 2014-2021[5] and the Memorandum of Understanding on the implementation of the EEA Financial Mechanism 2014-2021[6] and Regulations on the implementation of the Financial Mechanism of the European Economic Area[7].
III. Data retention period
Personal data will be stored for a period of at least five years from the acceptance of the final programme report by the institutions representing Donor States.
After the lapse of the aforementioned period personal data will be subject to archiving in accordance with the provisions of the Act of 14 July 1983 on the national archival resources and archives[8].
IV. Types of data processed
Name, surname, position, name of the entity, address of the registered office of the entity, telephone number, e-mail address, PESEL numer.
Categories of persons:
- persons authorised to make binding decisions and working contacts from the institutions involved in the implementation of the programme, applicants, project promoters, grant recipients and partners;
- participants of trainings, competitions, conferences, committees, meetings and recipients of assistance;
- other persons whose data is processed in connection with the examination of eligibility of expenditure.
V. Obligation to provide personal data
Providing personal data is voluntary but necessary to apply for grants, implementation, settlement of the programme, project or agreement under the Norwegian and EEA Funds.
VI. Source of data
Data subjects and other sources, in particular entities indicated in categories of persons listed in point IV.
VII. Recipients of data
The employees and associates of the Ministry of Development Funds and Regional Policy have access to personal data. Moreover, personal data may be/is entrusted or made available to:
- Donor States and entities performing tasks on behalf of these States;
- The Ministry of Finance and the entities invloved in the implementation of the Norwegian and EEA Financial Mechanims;
- contractors, including entities providing services to the Minister related to the operation and development of IT systems and ensuring communications, in particular IT solution providers and telecommunications operators, as well as to entities providing consultancy services, audits, controls, trainings, support and evaluations;
- public authorities (based on the provisions of law), including Statistics Poland (Główny Urząd Statystyczny) and the Social Insurance Institution (Zakład Ubezpieczeń Społecznych).
VIII. The rights of data subject
- the right to access and rectify your personal data
In exercising this right, you may ask the Minister, among other things, whether the Minister is processing your personal data, what personal data the Minister is processing and where the Minister obtained it from, as well as the purpose of processing, its legal basis and how long the data will be processed. In case the processed data are out of date you may request the Minister to update it. - the right to obtain the restriction of the data processing – if the grounds set out in the Article 18 of the GDPR are met
The restriction of personal data processing results in the Minister only being able to store personal data. The Minister may not pass the data to other entities, modify or delete them. The restrifction of personal data processing is temporary and lasts until the Minister assesses whether the personal data is correct, processed in accordance with the law and necessary for the purpose of processing. - the right to obtain the erasure of personal data – if the grounds set out in the Article 17 of the GDPR are met
The right to erasure of personal data is based, among others, on the following grounds: the personal data are no longer necessary in relation to the purposes for which they were collected by the Minister or the personal data have been unlawfully processed. - the right to lodge a complaint to the President of the Personal Data Protection Office
A request for the implementation of the aforementioned rights (a-c) should be sent to the addresses indicated in the point X. The correspondence should include the annotation: "Protection of personal data within Norway and EEA Grants 2014-2021".
IX. Information about automated decision making, including profiling
Personal data will not be subject to automated decision making, including profiling.
X. Contact with Data Protection Inspector
Data Protection Inspector, ul. Wspólna 2/4, 00-926 Warszawa (e-mail: IOD@mfipr.gov.pl).
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[1] 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 (General Data Protection Regulation, Official Journal of the European Union L 119/1 of 4 May 2016, p.1).
[2] Official Journal of the European Union L 141 of 28 May 2016, p. 11.
[3] Memorandum of Understanding on the implementation of the Norwegian Financial Mechanism 2014-2021 between the Kingdom of Norway and the Republic of Poland, adopted on 20 December 2017 in Warsaw (Official Journal of 2018 r. item 392).
[4] Regulation on the Implementation of the Norwegian Financial Mechanism 2014-2021 adopted by the Norwegian Ministry of Foreign Affairs pursuant to aticle 10.5 of the Agreement between Kingdom of Norway and the European Union on a Norwegian Financial Mechanism 2014-2021 on 23 September 2016, available at: www.eog.gov.pl (pdf)
[5] Official Journal of the European Office L 141 of 28 May 2016, p. 11., p. 3.
[6] Memorandum of Understanding on the implementation of the EEA Financial Mechanism 2014-2021 between Iceland, the Principality of Liechtenstein, the Kingdom of Norway, and the Republic of Poland, adopted on 20 December 2017 r. in Warsaw (Official Journal of 2018 r. item 378).
[7] Regulation on the Implementation of the European Economic Area (EEA) Financial Mechanism 2014-2021 adopted be the EEA Financial Mechanism Committee pursuant to Article 10.5 of Protocol 38c to the EEA Agreement on 8 September 206 and confirmed by the Standing Committee of the EFTA States on 23 September 2016, available at: www.eog.gov.pl (pdf)
[8] Journal of Laws of 2020 item164.