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…

One Step Closer to the Introduction of Data Protection Fines

Post published:2011/03/20
Post category:Hungary

The Head of the Hungarian Data Protection Agency (DPA), the Data Protection and Information Commissioner currently functions as an ombudsman and notably, it had no particular administrative powers at the time of the adoption of the Hungarian Data Protection Act in 1992. This situation changed with the EU access of Hungary, when the Commissioner has been empowered to release binding decision on the blocking, deletion or destruction of unlawfully processed data, prohibit the unlawful processing of data, and suspend the transfer of data to foreign countries. The decision of the DPA cannot be remedied in an administrative way and a court action may be initiated for its judicial review before the Metropolitan Court. Although the Commissioner exercised administrative powers in connection with the release of its blocking / deletion order, remarkably, the procedure of the DPA had no formal boundaries at all which did not guarantee the rights of the clients and did no secure the enforcement powers of the DPA either.

(tovább…)