Hungary

Overview

Stage of legislative progress 
Eg. pre-consultation, in consultation

On 29 August 2017 the Ministry of Justice published a draft bill intended for 'implementation' of the GDPR in Hungary but this relates only to the current Hungarian general data protection act, the InfoAct. This public consultation ended on 08 September 2017 and the comments and results have not been published yet. These will be published when the government submits the draft bill to the Parliament. The Ministry of Justice is only in charge for the InfoAct as the task of 'implementation' of other sectorial data protection acts (e.g. in the telecom, finance, e-commerce, health sectors) belongs to other ministries. There is no official information on the status of legislative progress at these ministries.

Update (04 December 2017): After the public consultation the Ministry of Justice has withdrawn the first draft of amendments to the current the InfoAct. While the reasons were not published it is likely that the Ministry has also realised that in order to ensure that Hungarian law is complainant with the provisions of the GDPR the review of sectorial laws containing data protection provisions is also necessary. The Ministry has requested certain associations to provide their input and drafts on the InfoAct and sectorial laws by 15 January 2018.

Approach to implementation 
Eg. amendments to existing law, total repeal of old laws

According to the published draft bill the InfoAct is going to remain in force but its scope will be limited to data processing activities which are not within the scope of the GDPR. As far activities covered by the GDPR are concerned, only certain provisions of the InfoAct will be applicable. These provisions will be listed in Article 2 of the InfoAct (in its amended form).

Update (04 December 2017): it seems that the Ministry of Justice has recognized that the structure of the first draft was hard to interpret, and that the new InfoAct should be more 'user friendly'. 

Timescale for implementation 
Eg. pre-consultation, in consultation

The Ministry of Justice is likely to submit the draft to the government meeting in Q4 2017 and in this case it is likely that the Parliament will vote on it during Q1 2018.

As far as sectorial legislation is concerned there is no official information on the status of legislative progress.

Update (04 December 2017): as the Ministry of Justice has postponed the consultation on the InfoAct and sectorial DP laws it is unlikely that the new amendments will come into force earlier than Q2 2018.


Areas where Member States must have local laws:

Personal data and freedom of expression 

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Penalties

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Areas where Member States may have local laws:

Professional secrecy 

n/a 

Scientific, historical or statistical purposes 

n/a

Employment

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Personal data of deceased persons 

The draft bill on amending the InfoAct, prepared by the Ministry of Justice, contains provisions on processing of personal data of deceased persons. It grants to the deceased persons' close relatives the right to erasure and to obtain restriction on of processing, upon request made within five years following the death.

Update (04 December 2017): it is likely that the Ministry of Justice will also include these provisions in the new draft bill.

Children online

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Special rules for special categories of data
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Genetic, biometric or health data

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Designation of a Data Protection Officer

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National identification numbers/any other identifier of general application

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Other:

Any other areas under discussion
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