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Privacy notice regarding the processing of personal data of users of the National Revenue Administration's Electronic Toll Collection System [1] and data obtained through the website handling the SPOE KAS system by the Head of the National Revenue Administration

In accordance with Article 13 and 14 of 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), hereinafter referred to as “GDPR”, please be informed as follows:

Controller

The Controller of your personal data is the Head of the National Revenue Administration (Head of NRA)* with its seat in Warsaw, 00-916, ul. Świętokrzyska 12. 
In matters regarding the exercising your rights under the GDPR in relation to the processing of your personal data, you can contact the Controller by sending mail to the following address: 00-960 Warsaw, ul. Świętokrzyska 12, or electronic mail to: kancelaria@mf.gov.pl or to ePUAP: /bx1qpt265q/SkrytkaESP.

Data Protection Officer

In matters of exercising your rights under the GDPR in relation to the processing of personal data, you can also contact the Data Protection Officer – by sending electronic mail to: IOD@mf.gov.pl.

Purposes and basis of data processing

Your personal data is processed for the following purposes:

  • the collection of a toll for the use of toll roads, i.e. an electronic toll under the Public Roads Act, using mobile devices - performance of a legal obligation incumbent on the Controller (Article 6 (1)(c) of the GDPR)
  • monitoring the carriage of goods within the System of Electronic Supervision of Transport (SENT) on the basis of the Act on the System of Monitoring Road and Railway Carriage of Goods and Trading in Heating Fuels with the use of the Electronic Toll Collection System of the National Revenue Administration** for this purpose [2]  – performance of a legal obligation incumbent on the Controller (Article 6 (1)(c) of the GDPR),
  • sending information material on the toll system and on the road infrastructure - based on your consent, i.e. the data subject (Article 6 (1)(a) of the GDPR),
  • sending messages via the contact form available on the etoll.gov.pl website (related to the question asked in the form) - on the basis of your consent, i.e. the data subject (Article 6 1(a) of the GDPR).

Voluntary / mandatory provision of personal data

In accordance with Article 13ia of the Public Roads Act, the provision of personal data when registering in the register of electronic toll payers for the collection of toll on toll roads is a statutory requirement – failure to do so will result in the inability to pay the electronic toll or the toll in the Electronic Toll Collection System of the National Fiscal Administration. 
The provision of an email address is necessary to send messages via the contact form (failure to do so will result in the form not being available),
The provision of data necessary to send information material regarding the possibility of using the Electronic Toll Collection System of the National Revenuel Administration to pay the electronic toll or the toll fee (email address and/or telephone number) is voluntary (failure to do so implies the impossibility of receiving the aforementioned materials by telephone and/or email).
Providing your contact data in order to initiate correspondence with the Controller via the contact form available on the etoll.gov.pl website is voluntary, but necessary in order to carry out correspondence related to the question asked by you via the contact form..

Personal data recipients

The recipients of your personal data will be entities entitled to obtain personal data under the law. A separate category of recipients of your personal data are entities that process personal data on behalf of the Controller, in particular those with whom the Head of KAS has concluded agreements for the provision of maintenance and servicing services for the IT systems in use.
If you use a fleet card system, the fleet card providers will also be the recipients. Your data will only be transferred to third countries if you use a fleet card provider based outside the European Economic Area.

Source of personal data

The Controller hereby informs that the personal data of persons handling the accounts of entities obliged to pay the toll for the use of toll roads at the Electronic Toll Collection System of the National Revenue Administration, i.e. the electronic toll under the Act on Public Roads, have been provided to it by the aforementioned entities.
The categories of personal data provided to the Controller are as follows: country of residence, PESEL No. (in the case of Polish citizens), identity document no., fleet card no., name, email address, telephone, role.

Data storage period

Your personal data will be stored until the purpose of the processing has been fulfilled, taking into account the period of the statute of limitations for claims, as well as the archiving period in accordance with the applicable regulations. In particular:

  • data processed on the basis of Article 13ia item 17(1) of the Public Roads Act will be stored for no longer than 36 months, counting from the end of the calendar year in which the owner, holder or user of the vehicle ceased to drive on the national roads or their sections on which the Head of NRA collects electronic toll,
    • unless, prior to the expiry of this deadline, there are legal prerequisites obliging the Controller to process the personal data for a longer period of time, and in particular, prior to the expiry of the aforementioned deadline, an administrative or misdemeanour proceeding has been initiated in which the data are necessary, and in this case the data will be stored until the end of the proceeding,
  • geolocation data processed on the basis of Article 13ia item 17(2) of the Public Roads Act - will be kept for no longer than 9 months, counting from the date of completion of the national road journey in question,
    • unless administrative or infringement proceedings are instituted before the expiry of that period, and in such a case the data will be stored until the conclusion of the proceedings concerned
  • data processed on the basis of your consent – will be processed until you withdraw your consent to their processing

Rights of personal data subjects

You are entitled to:

  • access to the content of data, pursuant to Article 15 of the GDPR, provided that the exercise of this right may not involve classified information or violate legally protected secrets that the Controller is required to keep, and subject to Article 5 of the Data Protection Act;
  • rectification of data, pursuant to Article 16 of the GDPR;
  • deletion of data, pursuant to Article 17 of the GDPR;
  • limitation of data processing, pursuant to Article 18 of the GDPR;
  • to withdraw the consent you have given to the processing of personal data at any time, provided that the withdrawal of consent will not affect processing carried out before the withdrawal;
  • If you consider that the Controller's processing of your personal data violates the law, you have the right to lodge a complaint with the President of the Office for Personal Data Protection.

Automated decision-making and profiling

Personal data will not be used to make automated decisions in individual cases, including profiling.

Legal basis

  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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)(OJEU L 119 of 4 May 2016, p. 1, as amended) referred to as GDPR,
  • ACT of 21 March 1985 on public roads (Journal of Laws of 2023, item 1645) known as the Public Roads Act,
  • ACT of 9 March 2017 on the monitoring system for road and rail transport of goods and trade in heating fuels (Journal of Laws 2023, item 104) referred to as the Act on the Monitoring System for Road and Railway Carriage of Goods and Trade in Heating Fuels,
  • ACT of 10 May 2018 on the protection of personal data (Journal of Laws of 2019, item 1781) known as the Personal Data Protection Act

*Electronic Toll Collection System of the National Revenue Administration – an ICT system by means of which the Head of NRA collects the electronic fee pursuant to Article 13 hb item 1 bb of the Public Roads Act, the system can also be used to monitor the carriage of goods under the System for Electronic Supervision of Transport (SENT) on the basis of the Act on the Monitoring System for Road and Railway Carriage of Goods and Trading in Heating Fuels.

**See footnote 1


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