Regulations on the protection of the rights of adopted children require amendment

The President of the Personal Data Protection Office (UODO), Mirosław Wróblewski, has submitted a request to the Minister of Health to initiate legislative work on provisions that would adapt the rules and procedures for making changes to the medical records of an adopted child. The President of the Personal Data Protection Office calls for effective personal data protection and the right to privacy to be ensured in this area. The Children's Rights Ombudsman, Monika Horna-Cieślak, has expressed support for the initiative of the President of the Personal Data Protection Office.

The absence of appropriate regulations came to light in connection with a complaint filed by the mother of a child whose personal data had not been updated following a full adoption procedure. The medical entity continued to process the minor's previous personal identification number despite the child having been assigned a new one. The child's medical certificate contained both the previous and the new personal identification number, which resulted in the disclosure of information about the adoption. Although the complainant had informed the medical entity of the complete change of number, the entity did not implement this update to the extent required under the GDPR.

Medical records — in accordance with the provisions of the Act on Patient Rights and the Patient Rights Ombudsman of 2008 — are subject to legal protection. The details concerning the manner in which personal data contained in medical records are processed are governed by the provisions of the Minister of Health's Regulation of 2020. These provide that an entry in such records cannot be deleted; if it was made in error, it must be crossed out and a note added stating the reason for the error, the date, and the identity of the person who made the annotation.

The continued circulation of documents containing identification data that have become outdated as a result of the issuance of a new birth certificate raises concerns from the perspective of both the GDPR and the Constitution of the Republic of Poland. Leaving the regulations in their current form may also lead to the collection of excessive data, in breach of the principle of data minimisation. Public authorities may not collect, store or disclose information about citizens beyond what is necessary in a democratic state governed by the rule of law.

The President of the Personal Data Protection Office emphasised that this area lacks provisions that would allow for the amendment of a child's personal data contained in medical records in connection with a full adoption. Meanwhile, under the provisions of the Family and Guardianship Code, full adoption gives rise to a legal relationship between the adoptive parent and the adopted child equivalent to that between parents and children. The surname of the adopted child is changed (and the first name may also be changed), and the court may order the issuance of a new birth certificate for the child. In such a case, the previous birth certificate is not subject to disclosure. The issuance of a new birth certificate results in the assignment of a new personal identification number, its entry into the civil status register, and the removal of the previous identifying data

This legal gap has also been identified by the Children's Rights Ombudsman, who submitted a request for amendment of the implementing regulations to the Minister of Internal Affairs and Administration, the Minister of Justice, the Minister of National Defence, and the Minister of Health. The request concerns the possibility of issuing medical records at the request of a legal representative or de facto guardian by preparing a transcript that reflects the patient's personal data resulting from the full adoption. A transcript, unlike a copy of medical records, may be incomplete — for example, with regard to the patient's original data.

The Minister of National Defence and the Minister of Internal Affairs have already expressed their readiness to take the necessary legislative action, particularly given the importance of the issue in the context of the requirement for medical entities to use uniform medical documentation. The Minister of Justice has put forward a similar initiative.

The draft amendments to the Minister of Health's Regulation are currently at the stage of public consultation. The President of the Personal Data Protection Office expressed hope that, in line with his intentions, the regulatory changes will be effectively introduced and will provide guarantees of access to up-to-date and accurate personal data contained in medical records, while upholding the right to privacy and respecting the principles of personal data processing.

DPNT.413.42.2025