The Draft Bill on the New Hungarian Data Protection Act – Public Consultation

Post published:2011/06/13
Post category:Hungary

The Hungarian Ministry of Public Administration and Justice has released by 7 June 2011 for the purpose of public consultation the first ministerial draft of the new Hungarian Data Protection Act (the Act on informational self-determination and freedom of information) which is scheduled to enter into force on 1 January 2012 along with the new Basic Law of Hungary. Notably, the Basic Law in its 6th Article regulates the fundamental right to privacy and data protection as well as its guarantees, including the set-up of an independent data protection agency which shall replace the Data Protection Commissioner and its Office.

Although the Ministry of Public Administration and Justice secured only 24 hours (sic!) for the public consultation of the draft bill, the editors of the present weblog have also compiled and submitted their general comments in relation to the draft legislation which we made available here (in Hungarian). (tovább…)

New Controller to Processor Clauses – Change in the Practice of the Hungarian DPA

Post published:2011/04/05
Post category:Hungary

The Hungarian Data Protection Act (Section 4/A (2)) generally prohibits sub-contracting / delegation by a data processor of processing services to other processors, which prohibition also applies within the context…

International Transfer of Personal Data – Hungary

Post published:2010/11/02
Post category:Hungary

In our global and digital age, international transfers of personal data became an integral part of everyday life and same also gained significant importance in the Hungarian jurisdiction.

”Transfer” has been defined in the Hungarian Data Protection Act, the domestic implementation of the EU Privacy Directive 95/46/EC as “making data accessible to particular third parties other than the data subject, the data controller or the technical data processor”.

In compliance with the Directive, data transfer within the Member States of the European Economic Area is treated as a domestic data transfer in Hungary. Section 8 of the Hungarian Data Protection Act applies to such transfer which provision lays down that the consent of the data subject shall be obtained or a legislative act shall permit same.

(tovább…)