The controller of personal data processed under the Technical Asstiance Operational Programme 2014-2021[1], hereinafter referred to as „TAOP” 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 TAOP Managing Authority, TAOP beneficiary, TAOP Certyfing 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[2]), in connection with:
- Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013[3],
- Act of 11 July 2014 on the principles of implementation of the cohesion policy programmes, financed under the 2014-2020 financial perspective[4].
III. Data retention period
Personal data will be stored for a period of 3 years from the end of the year following the submission by the Minister to the European Union bodies of the accounts regarding individiual financial operations (in accordance with Article 140 of the Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013).
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.[5]
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, renumeration.
Category of persons:
- persons authorised to make binding decisions and working contacts from the applicants, grant recipients and partners, who apply for the European funds and implement projects under the national operational programme from the Cohesion Fund under the financial perspective 2014-2020;
- participants of trainings, competitions, conferences, monitoring committees, working groups, steering groups, meetings, as well as recipients of assistance and people acting on their behalf;
- 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 project or agreement under TAOP.
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:
- The Ministry of Finance and the entities invloved in the implementation of the programme;
- 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 POPT 2014-2020”.
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] The aim of TAOP is to co-finance from the EU funds the expenditure incurred by the institutions of the system for implementing the cohesion policy as well as providing an efficient system for the implementation of cohesion policy in the period 2014-2020. The Minister is the TAOP Managing Authority. More information is available at: www.popt.gov.pl.
[2] 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).
[3] Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (Official Journal of the European Union L 347 of 20 December 2013 20.12.2013, p. 320 with amendments).
[4] Journal of Laws of 2018 item 1431 with amendments.
[5] Journal of Laws of 2020 item 164.