The Government has submitted to the Parliament by today the Bill on the New Hungarian Data Protection Act.

We could establish that Ministry of Public Administration and Justice has introduced important changes into the earlier released ministerial draft,  which includes, inter alia, the implementation of the legal bases of data processing under Article 7(c) and (f) of the Directive 95/46/EC. These legal bases were completely missing from local legislation which caused severe problems in the local practice.

Notably, the bill also includes provisions on technical data processing of personal data, however, it still maintains the prohibition on sub-processing by a (technical) data processor  which does not seem to conform to the reality which was also reflected in the Commissioners’ earlier guidance. This prohibition may cause problems within the framework of international data transfers since the Commission decision authorizing the use of the new Model Clauses (2010/87/EC) expressly permits the employment of sub-processors by third country processors.

The provisions on the new Hungarian Data Protection and Freedom of Information Agency as well as on the Data Protection Registry remained unchanged.

We will keep track the adoption of the bill by the Parliament and report on any significant developments.