1. Data protection in Hungary
Expert Hearing on Data Protection Legislation
Brussels, 10 March 2011
Zsolt Bártfai LL.M.
Office of Parliamentary Commissioner

2. Starting point Regulation: in the relation between COM and MA
Several acts regulate
the relationship between beneficiaries and other authorities, incl. control;
the access to data relating to beneficiaries
Nothing on the collection of data from the participants,
Difference in the scope of data processed and requested

3. Data protection legislation system
Omnibus act (Act LXIII of 1992): general principles, data subject’s rights, legal remedy
Sectoral acts: set of personal data, data controller, duration, transfer, procedure
European legislative act?

4. Legal grounds Consent or act: weak position of data controller
Types of consent:
Presumed consent
Consent in contract
General consent

5. Legal grounds
Act: Parliament considers the interests relating to a data processing
Special data: special justification (e.g. minority origin)
Limited margin of interpretation
Difficult to amend
Limited possibility for supervision

6. Legal grounds - summary

7. Solution
Under current Hungarian data protection regime, only an act could offer efficient solution

8. Thank you for your attention!