UPDATED – Workplace Privacy in the Bill on the New Hungarian Labour Code

  • Post category:Hungary

The Hungarian Government has very recently submitted to the Parliament the draft bill on the new Labour Code (the ‘Bill’) which is currently under general debate in the plenum.

As regards the current legal situation in Hungary, we already posted a summary on the general conditions for the processing of employee data, where we have concluded that the effective Labour Code secures only the minimum protection to worker’s privacy as the legislation in force currently does not regulate the data protection aspects of employment. Accordingly, the conditions and limitations of monitoring, such as the use of CCTV, the control of employee’s e-mail and internet usage have not been defined which caused legal uncertainty both to employers as well as to employees. Considering that only very little court practice is available in workplace privacy issues in Hungary, the case law of the Data Protection Commissioner is of particular importance. The Commissioner articulated in its opinions that the Labour Code does not provide a legal basis for the use of monitoring measures and certain practices – such as the use of covert monitoring, use of spy programs or monitoring of dressing rooms – could not be legitimized even if the consent of the employee has been granted hereto.

In contrast to the current legislation in force, it seems that the new Labour Code will introduce significant changes in the regulation of workplace privacy.

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UPDATED – Hungarian NGOs Against the New Data Protection Act

  • 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.

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