New Basic Law: Commissioner Replaced by Administrative Agency

Post published:2011/05/01
Post category:Hungary

The Hungarian Parliament has recently passed the new constitution (the Basic Law), which has been signed and promulgated by the President of the Republic on 25 April 2011 and scheduled to enter into force by 1 January 2012. The Government has already promised to pass all fundamental legal provisions necessary for the entry into force of the new constitution in this year, which will include, inter alia, the adoption of a new Data Protection Act.
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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.

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