Protection of Legally Protected Secrets WP-AD-1-OTPC
In Poland, more than 160 secrets are legally protected. Their legal bases are dispersed, the regulatory structure is inconsistent, and the term 'secret' lacks a statutory definition and remains ambiguous. This hinders the application of and compliance with the law. Violation of the obligations to protect individual secrets may result in civil, administrative, or criminal liability. Knowledge and skills related to the protection of secrets, rooted in an understanding of their legal regulations, are useful in both professional and non-professional activities.
Program Outline:
1. The concept of openness, its limitations, and the concept of a secret
2. Classifications of legally protected secrets and the structure of secret regulations
3. Protection of classified information
4. Protection of professional secrets
5. Secrets related to economic activity (Business/Trade secrets)
6. Secrets related to employment, holding office, or public service
7. Secrecy of correspondence, postal, and telecommunications secrecy
8. Secrets related to audits and inspections
9. Statistical secrecy
10. Protection of privacy
11. Personal data protection
12. Protection of intellectual property
13. Sanctions for unauthorized disclosure of protected information
14. Technical aspects of the protection of secrets
15. The current state of legal regulation and perspectives for changes
(in Polish) Dyscyplina naukowa, do której odnoszą się efekty uczenia się
(in Polish) E-Learning
(in Polish) Grupa przedmiotów ogólnouczenianych
Course coordinators
(in Polish) Opis nakładu pracy studenta w ECTS
Subject level
Learning outcome code/codes
Type of subject
Preliminary Requirements
Learning outcomes
AD2_W02. The student characterizes and understands the relationship between social structures and institutions at the national and international levels regarding the protection of secrets.
The student identifies the status of the individual and their activities within the scope of restrictions on transparency and the protection of legally protected secrets in both national and international contexts.
AD-W04
The student demonstrates knowledge of methods, procedures, and tools—including data acquisition techniques—relevant to administrative law, particularly concerning legal norms regarding the protection of secrets.
Prześlij opinię
Podobne witryny
Assessment criteria
The student prepares a presentation on a chosen legally protected secret, following the template provided by the lecturer. The assessment is based on the correct inclusion of all required elements, according to the following criteria:
• Grade 5 (Excellent): All required elements have been included.
• Grade 4 (Good): Minor omissions and inaccuracies.
• Grade 3 (Satisfactory): The presentation meets the minimum requirements.
• Grade 2 (Fail): The presentation does not contain most of the required elements, or the student failed to prepare the presentation.
The course concludes with a graded exam in the form of a multiple-choice test.
Test grading criteria:
• Grade 5: 19–20 points
• Grade 4.5: 17–18 points
• Grade 4: 15–16 points
• Grade 3.5: 13–14 points
• Grade 3: 11–12 points
• Grade 2: 0–10 points
The final grade consists of the presentation grade (50% weight) and the test grade (50% weight).
Bibliography
1. Leksykon tajemnic [Lexicon of Secrets], edited by G. Szpor and A. Gryszczyńska, C.H. Beck Publishing, Warsaw 2016.
2. G. Szpor, Jawność i jej ograniczenia. Idee i pojęcia [Openness and its Limitations. Ideas and Concepts], C.H. Beck Publishing, Warsaw 2016.
3. Jawność i jej ograniczenia [Openness and its Limitations], edited by G. Szpor, Vol. VI, Struktura tajemnic [The Structure of Secrets], edited by A. Gryszczyńska, C.H. Beck Publishing, 2nd Edition, Warsaw 2016.
4. Act on the Protection of Classified Information and selected provisions of the following acts:
o Act of 26 May 1982 – Law on the Bar – attorney-client privilege / advocate's secrecy.
o Act of 5 December 1996 on the Professions of Physician and Dentist – medical secrecy / physician-patient privilege.
o Act of 26 January 1984 – Press Law – journalistic secrecy (protection of information sources).
o Act of 16 April 1993 on Combating Unfair Competition – (Art. 11) defines a trade secret and recognizes its infringement as an act of unfair competition.
o Act of 26 June 1974 – Labor Code – (Art. 100 § 2 items 4 and 5) imposes an obligation on the employee to care for the welfare of the workplace and to keep confidential any information the disclosure of which could expose the employer to damage.
o Act of 21 November 2008 on Local Government Employees and Act of 21 November 2008 on Civil Service – impose an obligation on officials to maintain statutorily protected secrecy.
o Constitution of the Republic of Poland – Art. 49 guarantees the freedom and protection of the secrecy of communication.
o Act of 23 November 2012 – Postal Law – (Art. 41) regulates postal secrecy.
o Act of 12 July 2024 – Electronic Communications Law – (formerly the Telecommunications Law) regulates the secrecy of electronic communications (including transmission data, billing records, and communication content).
o Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) – a directly applicable, primary EU legal act establishing the rules for the processing of personal data.
o Act of 10 May 2018 on the Protection of Personal Data – a Polish act supplementing the GDPR, establishing, among others, the President of the Personal Data Protection Office (PUODO).
o Act of 4 February 1994 on Copyright and Related Rights – protects works and prevents unauthorized dissemination, including prior to their official publication.
o Act of 30 June 2000 – Industrial Property Law – regulates application procedures for inventions, patents, and trademarks prior to their public registration.
o Act of 6 June 1997 – Penal Code
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: