of their personal data. Employers shall
be permitted to disclose facts, data and
opinions concerning an employee to third
persons only in the cases specified by law
or upon the employees' consent.
In addition, the Labor Code sets forth
that the employers shall be allowed to
monitor the behavior of employees only to
the extent pertaining to the employment
relationship. The employers' actions
of control, and the means and methods
used, may not be at the expense of human
dignity. The private life of employees may
not be violated.
law, first of all we must understand the
key definitions:
According to the Information
Act personal data shall mean any
information relating to the data subject,
in particular by reference to his name,
an identification number or to one or
more factors specific to his physical,
physiological, mental, economic, cultural
or social identity, and any reference
drawn from such information pertaining
to the data subject. Special data shall
mean: personal data revealing racial
origin or nationality, political opinions
and any affiliation with political parties,
religious or philosophical beliefs or
trade-union membership, and personal
data concerning sex life, or personal
data concerning health, pathological
addictions, or criminal record.
According to the Information Act,
personal data may be processed only for
specified and explicit purposes, where
it is necessary for the implementation of
certain rights or obligations. The purpose
of processing must be satisfied in all
stages of data processing operations;
recording of personal data shall be done
under the principle of lawfulness and
fairness. The personal data processed
must be essential for the purpose for
be suitable to achieve that purpose.
Personal data may be processed to the
extent and for the duration necessary to
achieve its purpose.
Personal data may be processed
under the following circumstances: when
the data subject has given his consent,
or when processing is necessary as
decreed by law or by a local authority
based on authorization conferred by law
concerning specific data defined therein
for the performance of a task carried out
in the public interest. Special data may
be processed when the data subject has
given his consent in writing.
Further Interesting Questions
in Hungary on social media. Many
questions have been raised that should be
answered by the Hungarian courts in the
near future.
opinion" could be interpreted. It
is a real question if the employee's
"liking" something on social media
can mean an expression of an
opinion, or just if the employee gives
an explicit textual statement.
profile at a social page and refuses
the application of the candidate
because of certain personal
information on the candidate's
profile, then the candidate may turn
to the Equal Treatment Authority or
the competent Hungarian court. In
this case the discrimination has to be
proved by the candidate.
evidence before the Hungarian
courts. According to the Hungarian
law, the court shall ascertain
the relevant facts of a case upon
parties against the evidence. The
court shall evaluate the evidence as
a whole, and shall rule relying on its
conviction. For example, in a lawsuit
instituted against the employer for
compensation because of long-term
deterioration of health due to work
accident, the employer proved the
lack of deterioration of health with
downloaded photos from Facebook.
The enclosed photos showed that
the employee had pursued sport
activities after the accident.
to as "Council") announced a
recommendation in 2011 for judicial
workers (included judges) about how
to avoid the risks associated with
the using of online social networks.
According to the recommendation,
the social media may ensure the
chance for criminal groups to legally
acquire endangering information
about judges and courts. Therefore,
the Council recommends to judicial
workers to avoid using these social
networks sites.
changed at a much faster rate than the
law has," is true. Bearing in mind that
the new Hungarian Labor Code came into
effect on July 1, 2012, no established
legal practice exists in this respect.
Therefore, social media policies have
a very important role in the workplace.
It is strongly recommended that every
employer adopt a social media policy.
These policies may contain the terms
and conditions of using social networks
and media at the workplace or even after
working hours. These policies have to
be followed by the employees, otherwise
disciplinary measures may be applied by
the employers.