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Kritia Law Watch

A housing co-op, and the breach it decided not to report

Tuesday 2026-09-01

Poland's supreme administrative court has restored a fine against a small housing cooperative that logged a breach internally and told nobody. Quiet elsewhere: three practical things worth the time, and a German credit bureau facing a formal warning.

01ENFORCEMENT

Decisions authorities and courts actually published.

Supreme Administrative Court upholds the President of UODO's decision on a 52,000 PLN fine for a housing cooperative (4 minute read)

UODO (Polish data protection authority)· EU

The cooperative disclosed a copy of a criminal complaint carrying a member's name, address and national ID number, then recorded it only in its internal breach register. On 26 August the court overturned the lower court and reinstated the fine of nearly 52,000 PLN — about EUR 12,000. Two findings travel: the risk analysis must weigh risk to the person, not the controller's interest, and this controller could produce none.

02RULES & GUIDANCE

New or changed official text, guidance and proposals.

Public consultation on the Law Enforcement Directive (2016/680) (3 minute read)

UODO, on the European Commission's consultation· EUNot law yet

The Commission's second evaluation of how the police directive works in practice is open for comment until 14 September 2026. Narrow relevance — it governs processing by law-enforcement authorities, not ordinary business — but if your firm supplies them, this is the window in which practical experience gets heard. In Polish, linking the Commission's own consultation.

03PRACTICAL

Worth doing, or worth the time to read.

AI: the CNIL updates its traceability tool for open-weights AI models (4 minute read)

CNIL (France)· EU

Published 26 August, and now in English. The Genmod demonstrator traces an open-weights model's ancestors and descendants, so a model known to have memorised personal data can be followed through everything fine-tuned from it. Useful the moment someone in your firm downloads a model rather than calling an API.

AP advises Twitch users: opt out from sharing data with Amazon AI (3 minute read)

Autoriteit Persoonsgegevens (Netherlands)· EU

The Dutch authority's note of 20 August on Amazon training AI models on Twitch users' streams, faces, voices and chats. The transferable fact is the default: the 'Training for Generative AI' setting is on unless a user turns it off. Worth an hour this week checking which of your own vendors ship the same default.

Refused credit: your questions answered (5 minute read)

CNIL (France)· EU

Written for the person refused, on 19 August, but it restates what the firm doing the refusing owes: in defined cases, the reasons for the decision, and access to the personal data behind the assessment. It sits on top of the CNIL's May 2026 recommendation for professionals on creditworthiness assessment. In French.

04THE WIDER VIEW

Written about the rules, not by the people who make them.

'Shadow database' scandal: noyb sends SCHUFA cease-and-desist letter; interest list for class action opened (6 minute read)

noyb· EUAnalysisNot law yet

noyb says the German credit bureau retains records that should have been deleted, uses them for customers' testing, and withholds them from Article 15 access requests; it has issued a formal warning and opened an interest list for damages claims. An advocacy group's account of its own action, and SCHUFA disputes it. Nothing here has been decided.

05QUICK LINKS

06COUNTDOWN

92days · 2026-12-02

Machine-readable marking for generative systems placed on the market before 2 Aug 2026.

What this isn’t

News about the law, not legal advice, and not an assessment of your business. Items marked Analysis are someone’s view of the rules, not the rules. Whether a duty applies to you depends on what you actually do — the scope checker is free.

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