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Dr Maria Kaczorowska
ORCID: 0000-0001-8301-5774

Dr Maria Kaczorowska

PhD in legal sciences, assistant professor at the Research Centre for Legal and Economic Issues of Electronic Communication at the Faculty of Law, Administration and Economics of the University of Wrocław. Her research interests focus on contemporary development tendencies in private law, particularly property law, at the national level and Europe-wide, as well as information technology law issues.

 
DOI: 10.33226/0137-5490.2022.7.4
JEL: K10, K11, O3

The process of informatisation has resulted in considerably facilitating and broadening the access to land and mortgage registers kept in the information and communication technology system, which impacts upon the implementation of the principle of formal publicity of land and mortgage registers as well as enhancing their core socio-economic function which consists in ensuring the security of real estate transactions. Notwithstanding the advantages brought about by making land and mortgage registers available via the Internet, the technological advancements pose risks of illegitimate processing of data contained therein. Significant legal problems arise against the background of the conflict between the publicity of land and mortgage registers and the constitutionally guaranteed rights to privacy and data protection. The aim of the article is to present an overview of and analyse the positions of public authorities regarding the protection of personal data disclosed in the land and mortgage register as well as some arguments and recommendations put forward by the representatives of legal scholarship and practice within the ongoing discussion on optimal legal and technical approaches to the accessibility of electronic land and mortgage registers.

Keywords: land and mortgage registers; principle of formal publicity; informatisation; right to personal data and privacy protection