Infringement Procedure Against Hungary Due to the Violation of the Independence of the DPA?

Post published:2012/01/08
Post category:European Union Hungary

As of 1 January 2012 a new Agency (Data Protection and Freedom of Information Agency / NAIH) is responsible for the compliance with data protection and freedom of information laws in Hungary.

According to the information of the news portal origo.hu, the European Commission would very shortly launch infringement proceedings against Hungary due to the termination of the office of the Data Protection Commissioner who served as data protection supervisor until 31 December 2011. Origo.hu also reports that Ms Viviane Reding has informally already communicated to Hungarian Government officials the EU Commission’s opinion that the termination of the Commissioner’s position prior to the end of its term of office (until 2014 ) and appointment of an entirely new data protection supervisor most probably violates the independence of data protection authorities articulated by the European Data Protection Directive. We have already provided an overview of the complaint submitted by Hungarian NGO’s to the European Commission in our earlier blog post.

(tovább…)

UPDATED – Hungarian NGOs Against the New Data Protection Act

Post published:2011/10/17
Post category:Hungary

The Eötvös Károly Institute, the Hungarian Helsinki Committee and the Hungarian Civil Liberties Union approached the European Union with a joint request regarding the new data protection act (Act No. CXII of 2011 on Informational Self-Determination and Freedom of Information).

According to our information, the NGOs claim that the extraordinary termination of the office of the Hungarian Parliamentary Commissioner for Data Protection and Freedom of Information by the new act is against EU law.

Besides, the NGOs also claim (with reference to the case: Commission vs. Germany – ECJ C-518/07) that the new National Agency for Data Protection will not be independent which is also a breach of EU law.

As a consequence, the European Commission will be entitled to investigate the matter and start a formal infringement procedure against Hungary.

(tovább…)

Social Consultation 2011: Data Processing Ruled Illegal

Post published:2011/08/21
Post category:Hungary

The Hungarian Government – in the name of Prime Minister Viktor Orbán – has launched a public opinion survey in May 2011 under the name “Social Consultation 2011” which case recently gained major attention in the Hungarian media and same exposed the Data Protection Commissioner to heavy political attacks on the part of the Government parties.

(tovább…)