One Step Closer to the Introduction of Data Protection Fines
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.