Tom 58, Nr 5Prawo i Więź nr 5 (58) 2025

The introduction of remote hearings in civil proceedings has opened up new possibilities for presenting evidence, including witness testimony. While the legislator has granted the presiding judge and the witness the right to initiate a remote hearing, the final decision lies with the parties, who can raise a binding objection to the remote examination of a witness. While remote witness examination has several advantages, such as saving time and resources, offering organisational benefits and speeding up proceedings, it also carries certain risks, including technical difficulties, the possibility of influencing the content of testimony and violating personal data protection. The article highlights the above advantages and disadvantages of remote witness examination and notes the legislative shortcomings that need to be addressed.

The aim of this article is to present issues related to a child’s obligation to maintain contact with their parent in light of the principle of the best interests of the child, which is a fundamental directive of family law. The author points out that such contact is not only a right but also a duty of the child, the purpose of which is to protect their own well-being and not solely the interests of their parents. The analysis is conducted from a primarily legal perspective, but also from an axiological and psychological perspective, taking into account national case law. It is emphasized that this obligation exists from birth and does not cease upon reaching the age of majority, as the family bond is permanent and accompanies the child throughout their life. Maintaining contact with a parent strengthens the child’s sense of security, belonging, and identity, which means that this duty should be understood as an instrument for protecting the child’s welfare and a foundation for proper development, rather than a formal legal burden.

The aim of the study is to present the problematic issues that may be encountered while applying the current rules of Article 691 of the Polish Civil Code in regard to tenancy contracts of residential premises from municipal housing stock. Pursuant to current regulations of the Polish Civil Code and the Law on the Protection of Tenants’ Rights from 21^st of June 2001, the entering into the tenancy contract for an indefinite period after the tenant’s death shall take place in accordance with the provisions of the Civil Code, regardless of the conditions stipulated in the Law on the Protection of Tenants’ Rights. This mechanism has raised questions of its compliance with the public interest, as the residential premises from the municipal housing stock are scarce and shall be allocated to persons with low income.

Contrary to common belief, the origins of development activity in Poland are not directly linked to the enactment of the first normative act regulating the relationship between the developer and the purchaser, namely the Developer Act of 2011. Nevertheless, it is indisputable that the emergence of professional entities currently referred to as developers dates back to the 1980s. Given the close interconnection between developer-specific regulations and other branches of law – particularly construction law, which to a significant extent delineates the direction of the sector’s development – this study undertakes an historical analysis of the evolution of legal norms impacting the real estate development sector. Taking into account that the Polish legal system is grounded in unilateral conventional acts established by duly authorized public authorities, it also proves essential to examine the process through which such entities came to recognize the necessity of adopting specific legal provisions governing the developer market. Accordingly, this article seeks to identify the axiological foundations underlying legislative changes and the implementation of new regulatory frameworks in the field of law pertaining to real estate development activity. The principal objective of this article is to demonstrate that the introduction of the first developer-specific regulations in Poland constituted a legislative response to practical issues arising in the performance of developer agreements (including the abuse of dominant positions by developers), rather than a catalyst for the sector’s growth.

This article discusses selected issues related to American whistleblower regulation in the financial market, presented against the backdrop of historical considerations regarding whistleblower status. The choice to analyze the mechanism of reporting irregularities through practices specific to the banking and financial sectors is an important issue of law enforcement and financial market security, and also determines the reasons for the development of the whistleblower institution in the financial market. The article presents the whistleblower as an element of the market protection system, investor protection, and broader civil liberties in the USA. American law had a significant impact on the development of European solutions for whistleblower protection and status. To better understand European law, it is necessary to refer to the prototype, which in this case consists of several American legal acts, case law, and the extensive financial market regulation of the Securities and Exchange Commission. The heterogeneity of whistleblower status in the US is a significant problem and should be approached with caution, considering the purpose of these differences. The article is a synthetic study, therefore, it proposes selected, in the author's opinion, elements characteristic of the whistleblower protection system in the financial market. The genesis of the whistleblower institution in the USA required a retrospective and selective approach, paying attention to the interdisciplinary nature of the concept.

This article presents the legal characteristics of disability insurance. It discusses its classification in light of applicable law and the criterion for this classification – the type of benefit paid. A detailed analysis of the essential aspects of this contract, such as the definition of the insured event, the insurer’s benefits, and the insurance premium, is provided. Various variants and varieties of disability insurance are also presented.

In a computerised state, where the information society makes extensive use of digital services, artificial intelligence is important. To facilitate the use of cyberspace, AI systems needed to be resilient to cyber threats that can not only limit the operation of such systems, but also take control of them. Ensuring cyber security requires the introduction and use of appropriate protective measures, both at the stage of creating such systems, implementing them and using them. It should be emphasized that the use of new technologies, including artificial intelligence, must be done responsibly, so as not to expose oneself and other users to risks, including those that cause significant damage. The authors use the dogmatic-legal method, through which an analysis was made of legal acts that normalise both artificial intelligence and cyber security issues. The theoretical-legal method was used to analyse the literature on both normative issues related to artificial intelligence and its potential, as well as obligations related to cyber security, including countering threats occurring in cyberspace.

The Artificial Intelligence Act is the world's first regulation to establish a comprehensive legal framework specifying harmonized rules for the creation, use, and dissemination of AI systems. One of the areas regulated by the AI Act is deepfake technology, which encompasses AI systems that generate or modify synthetic content in the form of images, sounds, or videos that falsely appear authentic. This technology contributes to numerous abuses and is consistently associated with destructive behavior. EU legislators have recognized the risks associated with deepfake content – the Artificial Intelligence Act provides procedures to protect citizens from manipulation and disinformation, classifying deepfakes as limited risk and introducing transparency obligations for providers of AI systems that generate deepfake content, as well as for those who use them. The aim of this article is to provide a detailed analysis of the provisions of the Artificial Intelligence Act relating to deepfake technology, the scope of their application, and the method of enforcement. Additionally, the assessment will focus on the categorization of risks associated with deepfake content adopted by the EU legislator and its adequacy in the context of fundamental rights protection.

When the legislator wishes to provide a milder or stricter criminal liability for a special subcategory of a certain category of punishable acts than for the rest of these acts, in addition to the basic type of a given offence (e.g. murder), the legislator will introduce a special (modified) type of the same offence, which corresponds to this subcategory (e.g. euthanasia). In comparison to the statutory description of the basic type of the offence, a statutory description of a special type of the offence contains an extra feature, which differentiates a given subcategory of acts from the rest of the category (a so-called modifying feature). Certain academics specializing in Polish criminal law, citing Władysław Wolter, adopt an inaccurate assumption, pursuant to which, as a result of introducing a special type of an offence, the statutory description of the basic type of this offence is automatically, by reason of logic, implicitly extended by the negation of the modifying feature. An inevitable consequence of this assumption, which is overlooked by its proponents, constitutes an unjustified narrowing of the scope of criminalization. The author argues that an even further narrowing of the scope of criminalization is led by significant errors, often made by followers of the assumption of implied negations of modifying features in the statutory descriptions of basic types of offences when implementing this assumption in the process of interpreting the criminal law provisions defining basic and special types of offences. He distinguishes and then discusses in detail three types of such errors and their consequences.

The goal of the present paper is the attempt to identify and distinguish between the phenomena of creative interpretation and so-called law-making interpretation. The starting point is the assumption that the concepts of creative interpretation and so-called law-making interpretation are not identical, although they are frequently used interchangeably in legal doctrine and judicial practice. Recognition of the need to distinguish between creative interpretation and the phenomenon of so-called law-making interpretation is inextricably related to the thesis adopted and argued in this paper, according to which creative interpretation is an acceptable, frequently required and indispensable form of interpretation, whereas so-called law-making interpretation in its essence is by no means interpretation, but occurs in legal practice and is a phenomenon that must not be accepted under any circumstances. In principle, the prohibition of legal interpretation is widely recognized in doctrine and judicial practice. Although such a prohibition applies to all entities interpreting the law, it is particularly relevant to the judiciary in the context of the principle of the separation of powers. An interpreter is not allowed to create legal norms in a subjective and arbitrary manner, because such an act is no longer interpretation but enters the realm of law-making. The issue at stake is not law-making understood as the creation of legal provisions, but law-making understood as the creation of legal norms that have not been previously codified by a rational legislator in legal provisions.

The purpose of the study is to present methods of introducing subjective rights of nature into the legal system, taking into account the legal solutions in force in selected countries. They consist of both statutory provisions (Ecuador) and case law (Colombia, India, Bangladesh, New Zealand). The discussion on the subjective rights of nature is not limited to their instrumental treatment, because in order to realize them it assumes the need for a profound transformation of the law through a change in the philosophical and legal paradigm. The initial premise of this process is the departure from the canon of anthropocentrically understood ethics. The legislative solutions adopted today, including constitutional ones, refer to human spirituality, animistic understanding of nature and religious beliefs. This confirms the fundamental importance of the cultural environment for legal debate. It can be concluded that in the Polish cultural and legal and political realities there is no justification for implementing the ideas of normative personification of nature understood in this way.

The issues of animal and environmental protection have increasingly been raised in the public debate, which is reflected in growing public support for restricting or prohibiting the use of certain pyrotechnic products. This phenomenon seems to go beyond seasonal emotions and is part of a broader discussion on changing the law in accordance with new ethical and environmental standards. The aim of this article is to analyse the current and proposed legislation on restricting the general use of F2 and F3 class fireworks in the light of interpretative directives arising from the Animal Welfare Act

In habilitation proceedings, an issue arises concerning the admissibility of the concurrence of procedural roles held by, on the one hand, a member of the habilitation committee (the body entrusted with evaluating the scholarly achievements of a candidate and providing an opinion on the application for the conferment of the habilitation degree, i.e. the Polish post-doctoral degree) and, on the other hand, a member of the habilitation authority (the body empowered to make the decision on the conferment of the habilitation degree). The way this problem is resolved is of fundamental importance for the correctness of the proceedings and the decision concerning the conferment of the habilitation degree. The author examines this issue in the light of the Act – Law on Higher Education and Science, as well as within the framework of the Code of Administrative Procedure. The analysis leads to the conclusion that, with respect to five members of the habilitation committee, such a concurrence of procedural roles is categorically precluded, whereas in the case of two members of the habilitation committee – by reason of their distinct legal status – such a concurrence is both possible and legally permissible.

The self-government of attorneys-at-law is one of constitutionally-rooted organisations of public-trust professions that perform responsibilities including those of public significance. Among the local bodies of the self-government of attorneys-at-law, attention is drawn to the Assembly of the District Bar Association of Attorneys-at-Law. It is an interesting construct due to its direct-democracy nature, the scope of powers and the normative solution regarding its composition. The Assembly of the District Bar Association of Attorneys-at-Law has been entrusted under statutory regulations with important powers, e.g. adopting the budget of a particular district bar association or electing members of its other bodies. Based on the regulations contained in the Polish Act on Attorneys-at-Law, in the event of a specific number of members in regional bar associations, the assembly is composed of delegates elected at meetings held for the regions covered by the activity of a given bar association. The above solution is essentially correct, but also raises certain doubts concerning the composition of this body as regards the rights of foreign lawyers from the European Union and the participation of trainee attorneys-at-law.

The article is devoted to the political and legal system of ancient Rome, especially during the Republic, in the light of the treatise written by the Renaissance scholar Pomponio Leto. The treatise was well-received in sixteenth-century Poland, as evidenced by the four Krakow editions. The author of the treaty (1428–1497) was an Italian humanist, professor of eloquence in Rome, and founder of the Academia Romana, where members discussed various questions of ancient history and literature. His treatise De Romanorum magistratibus, sacerdotiis, iurisperitis et legibus is considered by many scholars to be a „by-product” of work related to the publication of texts by Roman historians, commenting on the works of Virgil, and especially work on the texts of Varro. The author of the paper aims also to demonstrate the influence of sources of Roman law, particularly fragments of Justinian's Digests, on the content of the treatise, often overlooked by most researchers.

Aleksander Wielopolski (1803–1877) was one of the key political activists in the Kingdom of Poland in the 1860s. His ideological platform was based on the concept of loyalty to the Russian Empire and the pursuit of a conciliatory policy towards the partitioning powers. Serving as head of the Civil Government in 1862–1863, he attempted to implement modernizing reforms in the Kingdom, believing that only cooperation with the tsar offered a real opportunity to improve the situation of Polish society. Aleksander Wielopolski saw resolving the peasant question as one of the key conditions for stabilizing social relations and the sustainable development of the Kingdom of Poland. He advocated the enfranchisement of peasants, but in an evolutionary and moderate form, respecting the interests of the landed gentry. He advocated granting peasants land ownership while providing compensation to landowners, opposing radical revolutionary solutions. In 1861–1862, he initiated partial reforms, including the abolition of personal serfdom, the reduction of serfdom payments, and the possibility of converting them into rent. Although his program assumed a gradual transformation of the agrarian structure, it was not fully implemented due to the outbreak of the January Uprising in 1863. The final enfranchisement reform in the Kingdom was carried out by the Russian authorities in 1864, using it as a tool to weaken the social base of the national movement.

This article discusses the types of formal legal sources that, until 1986, constituted the system of nuclear law in communist Poland. The time frame of this study was determined, on the one hand, by the state's commencement of legislative activity in the area in question (1952) and, on the other hand, by the adoption and entry into force of the first Polish Atomic Law (1986). It was the first legal act of this rank in Poland that comprehensively regulated the safety of nuclear energy and ionising radiation. Furthermore, the new act largely streamlined the previously opaque system of norms, which consisted of acts of varying rank and form originating from numerous state authorities.

This article examines how British trade unions organised a coordinated, albeit unsuccessful campaign to oppose both the establishment of the Polish Resettlement Corps in March 1946 and the passing of its accompanying piece of legislation, the Polish Resettlement Act, the following year. Perturbed at the influx to Britain of well over 100,000 Polish soldiers who had fought for Allied forces during the Second World War, many organised labour movements viewed these Poles as foreign competition for British homes, jobs and resources, especially during a period of post-war rationing. The fact that the vast majority of these trade unions were strongly left-wing and led by admirers of the Soviet Union made them not only highly sceptical of Polish soldiers’ claims of being unable to return to Poland fearing communist persecution but also led them to promote communist propaganda by labelling the Polish 2nd Corps, led by Gen. Władysław Anders, as a quasi-fascist pro-German army and a fifth column of Polish reactionaries posing a great danger to Britain. By focusing on a selection of archival documents from 1945-1946, the article demonstrates not only how these trade unions engaged in intense lobbying of the British government to prevent Poles from settling in post-war Britain, but also how they attempted to appeal to the broader population through rhetoric based on xenophobia, Soviet propaganda and even anti-Catholicism.

This article analyzes the mechanisms through which the Council of Europe's acquis influences the development of national administrative law systems in Europe and evaluates the process of forming a common European administrative space. The author employed a dogmatic-exegetical method to analyze the Council of Europe's normative documents, a legal functionalism method to identify procedural standards developed by the European Court of Human Rights, and a comparative method enabling comparison of reception and implementation mechanisms in selected Western and Central-Eastern European legal systems. The analysis demonstrated that Council of Europe standards, despite their often non-binding character, effectively shape a common administrative space through two principal mechanisms – judicial reception and direct legislative implementation. A pivotal role is played by Strasbourg jurisprudence, recommendations of the Council of Europe's Committee of Ministers, and opinions of the Venice Commission. In conclusion, the article proposes directions for de lege ferenda reforms of the Polish administrative law system, including constitutional recognition of the right to good administration, digital modernization of procedures, and strengthening guarantees of fair administrative proceedings.

This article explores Russia’s use of monuments as tools of ideological control in occupied Ukrainian territories following the 2022 invasion.  Focusing on the removal, alteration, or erection of monuments and the reconfiguration of symbolic space, the study situates these actions within the frameworks of international humanitarian law and international human rights law. The article argues that by dismantling Ukrainian memorials and restoring Soviet symbols, Russia seeks to rewrite historical memory and impose its narrative, thus violating the conservationist principle of occupation and undermining cultural rights. Drawing on the concepts of memoricide and identicide, it calls for stronger legal safeguards to protect national memory and cultural identity under occupation in contemporary armed conflicts.

The article provides a comparative analysis of the return procedure under Directive 2008/115 and under recently tabled regulation establishing a common European return system The aim of the proposed reform is to make EU return policy more effective, still based on the 2008 Directive, and to adapt it to the challenges arising from the development of migration and asylum law within the European Union. The conclusion is that the Commission’s proposal will, at least in theory, have a positive impact on the effectiveness of returns of third-country nationals staying illegally in the territory of Member States. This will be due to the appropriate choice of legal instrument, namely an EU regulation, which provides for uniform application of its provisions in all Member States, but also due to the fact that it leaves Member States a certain degree of flexibility.

The article is an analysis of the phenomenon of national mourning from an interdisciplinary perspective, combining constitutional law, political practice and principles of savoir-vivre. The author attempts to answer questions such as: what formal and informal criteria determine the declaration of national mourning, how social expectations of behaviour during mourning are shaped, and whether political decisions in this regard comply with social and cultural norms. The analysis is based on legislation, case studies and public discourse.

The article analyzes the legal aspects of municipal climate change adaptation plans. In accordance with the Act of 27 November 2024 on the amendment of the Environmental Protection Law and certain other acts, municipal climate change adaptation plans will become an important strategic document adopted by municipalities. Under the amendment to the Environmental Protection Law, municipalities are obligated to adopt municipal climate change adaptation plans for cities with a population of 20,000 or more. The legislator has specified, in particular, the structure and content of the plans, the procedure for their adoption, the method of ensuring public participation in the decision-making process, as well as the means of monitoring and reporting. The introduced regulations constitute a significant element in the reorganization of the role of local self-government in the environmental protection system. However, it is necessary to point out the structural flaws of this solution, including the lack of sanctions for failure to meet the deadlines for adopting the plans.

This article analyses the issue of systemic state security in the context of contemporary threats of a complex and dynamic nature. The adopted research hypothesis assumed that effective development of systemic resilience requires cooperation between public administration, the private sector, non-governmental organisations, and citizens, alongside the development of adaptive mechanisms. The study applied a literature review method, supplemented by references to the experiences of selected countries, with particular emphasis on the Finnish model. The analysis indicated the key importance of social trust, institutional flexibility, and broad cross-sectoral cooperation in shaping the long-term resilience of the state to systemic threats.

The article discusses Stanisław Cat-Mackiewicz's views on Polish foreign policy in the 1930s, presented in the Vilnius daily “Słowo”. The publicist consistently criticized the illusions accompanying the foreign policy of the Second Polish Republic, particularly the excessive trust placed in France and Great Britain, which—in his opinion—were not prepared to offer real support to Poland in the event of a war with Germany. He supported the signing of the non-aggression pact with the Third Reich in 1934, considering it a step toward greater independence of Polish diplomacy. Stanisław Mackiewicz advocated a policy of balance between Germany and the Soviet Union, while firmly warning against the threat posed by Bolshevism. Although he did not call for breaking off diplomatic relations with the USSR, he demanded a firm and clearly anti-communist stance from the Polish state. In the article, Mackiewicz appears as a political thinker guided by realism in international affairs, in opposition to the strategy pursued by Minister Józef Beck.

The article focuses on the role of Fyodor Martens in the 1874 Brussels Conference – the first international attempt to codify the laws and customs of war. Its aim is to highlight Fyodor Martens’ contribution to the development of international humanitarian law and to examine the political context and outcomes of the conference. Special attention is given to Fyodor Martens’ views on war, which he regarded as historically inevitable but in need of legal and moral limitation. The study analyzes the Russian draft convention, the positions of other participating states, and the broader impact of the Brussels Declaration. Although never ratified, the Declaration laid the foundation for later Hague Conventions and contributed significantly to the humanization of armed conflict.

The impressive development of new technology in recent years and the creation of machines equipped with artificial intelligence systems that are used in an increasing range of tasks required us, to the discussion of the development of artificial intelligence in relation to its responsibility and legal subjectivity. The aim of this article is to compare concepts regarding a legal entity for artificial intelligent agents based on Polish law and EU law. The research activity adopted in the article is supported by a theoretical method that brings together the professional literature and practitioners who use control over technology, including artificial intelligence, on a daily basis. Additionally, the article is supplemented by a dogmatic and legal analysis of the provisions of the Polish Civil Code, the Animal Protection Act and soft law instruments.

This article is an attempt at systematising the phenomenon of electronisation, primarily in the light of major changes in the area of digital revolution, particularly concerning corporations. The author expresses confidence about relevance of electronisation procedures, while highlighting the fact that they cannot lead to discrimination and exclusion in relation to the disappearance of the traditional form. The review carried out in the article is a rare attempt at looking “at once” at all dynamic electronisation processes which had accelerated significantly over the last 5 years, as a result of the COVID-19 pandemic. Among the necessary changes to legislation, the author postulates the need for improving the safety of electronic signatures and the increasingly common contribution of notaries in electronisation processes in corporations.

Deepfake technology is almost a permanent fixture in the online world today, increasing in popularity and quality year after year. Most often expressed in the form of an image, video or sound, they present content that is not true, but looks deceptively authentic, resembling existing people, objects or places. For this reason, they can contribute to many negative consequences for people. The creation and dissemination of deepfakes can harm legally protected goods, exploiting a person's image, good name, personal information, as well as a lot of other information about the person. This is why deepfake technology can stir up a lot of controversy, contributing to questions about the legality of creating and distributing such content. Thus, in the article, the author seeks to answer the problem outlined above, namely whether or not the creation and/or dissemination of deepfake is legal in our legal system. This study was examined primarily from the perspective of the latest EU regulation on AI – the Artificial Intelligence Act (and fragments of other relevant European acts), examining whether it introduces specific regulations for the subject matter, ultimately aiming to determine the current legal situation of deepfakes in the context of the legality of their creation and/or dissemination. In order to verify possible illegality, selected potential legal violations that may occur as a result of the creation and/or dissemination of deepfake are analyzed in turn. The above is based in particular on the canvass of Polish law and, to the necessary extent, EU law. This is to enable conclusions to be drawn as to whether there are currently regulations in our legal system that may affect the illegality of the creation and/or dissemination of deepfakes. The legal analysis has been narrowed only to the regulations pertaining to the issue under study, in the context of the distinguished legality.

The development of the Internet observed today leads to numerous significant benefits in many areas of human activity, but at the same time it is a source of new, dangerous social phenomena. Of them, the increasingly common trend called sharenting deserves attention, which involves parents regularly publishing detailed information about their children, as well as photos and videos of them, on the Internet. The aim of the article is to draw attention to the potential threats to minors resulting from the phenomenon of sharenting, and then to examine whether the parents’ reckless publication of information about the child on the Internet may constitute a threat to the child’s good within the meaning of the provisions of Polish family law and, as such, justify limitation of parental authority by the guardianship court.

The Supreme Court ruled that acquisitive prescription does not deprive the owner of the right to claim remuneration for the use of real estate in the period preceding acquisitive prescription. The ruling represents a fundamental change in the current understanding of acquisitive prescription and its relationship to so-called claims supplementing a claim for recovery. Author disagrees with the position taken by the Supreme Court. First of all, he argues that it blurs the boundaries between the original and derivative methods of acquiring ownership and makes them similar. He also points out that the ‘new understanding’ of the nature of acquisitive prescription (its ratio legis) proposed by the Supreme Court also calls into question the principle of ‘gratuitousness’ of this primary method of acquiring ownership. The commentator formulates numerous further arguments and calls for the intervention of the legislator to make changes in the area of acquisitive prescription, which are certainly already necessary.

The subject of the study is an attempt to analyze the resolution of the Supreme Court of October 26, 2023, III CZP 34/23, in which it was found that if the leasing agreement was terminated by mutual agreement of the parties, the provision of Article 709¹⁵ of the Civil Code shall not apply, unless the parties agreed otherwise. This is an important issue not only from a theoretical, but above all from a practical point of view.

The decision establishing the amount of the current penalty specifies the date from which the current penalty will be calculated, as well as the penalty rate. Therefore, the penalty rate, according to Article 300 of the Environmental Protection Act, is reduced to determining the penalty rate. The penalty rate is one element of the procedure for imposing an administrative fine.

The subject of this paper is an analysis of the relevance of tax law principles to the proper application of the income tax exemption of income of a church legal entity for religiously useful purposes. The key question is the extent to which the influence of the linguistic interpretation of tax laws on the activities of church legal entities reaches. The issue under discussion has not received commentary and has not been the subject of scholarly reflection. The article also addresses the problem of limiting aggressive tax optimization involving church legal entities. The article points out the need to change the system of tax reliefs and preferences provided for religious associations.

The commentary is a critical analysis of the Supreme Administrative Court (NSA) ruling, which found that the processing of students’ biometric data by a school for verifying payments for the use of the school canteen services complies with the requirements of the GDPR. The analysis elaborates in detail on the court’s interpretation of the principle of data minimization, purpose limitation, and the criterion of „freely given” consent. The author points out inaccuracies in the court’s assessment, arguing that the processing of children’s biometric data in this manner constitutes a disproportionate interference with their privacy. The author discusses the court’s reasoning regarding the relationship between the consent of the data subject and the data processing principles outlined in Article 5 of the GDPR. Concerns are also raised about the court’s assessment that the legal guardians’ consent was „freely given”, which, according to the author, fails to sufficiently account for the relationship between the school and students and the potential imbalance of power between the parties.