Gajda Agnieszka, Right to Request the Disclosure of Personal Data of an Entity Accused of Infringing Personal Rights on the Internet as a Part of the Right to a Fair Trial. Glosa do uchwały SN z dnia 6 sierpnia 2020 r., III CZP 78/19

It is worth pointing out that this glossed resolution has not yet been provided with reasons for judgment by the Supreme Court until the text is sent for printing. Nevertheless, due to its great importance, it is worth paying attention to the legal issue raised in it. The resolution of the Civil Chamber of the Supreme Court significantly influences the understanding of the right to a fair trial, implemented as the right to a properly constituted court procedure, and of that element which emphasizes, above all, the procedural dimension of the right to a fair trial. The resolution was issued as a result of the determination of a legal issue presented by the Court of Appeal in Gdańsk, while considering case III CZP 89/18 and may constitute an important step in establishing the liability of persons violating personal rights on the internet.

The issue presented to the Supreme Court arose on the basis of the following facts. The conflict arose in a housing cooperative in Gdańsk and concerned...