The European Data Protection Board Chair Raises Concern over Hungary’s Suspension of the GDPR Rights

In early May, the Hungarian government announced suspension of certain provisions of the General Data Protection Regulation as part of the government’s purported response to the COVID-19 health emergency.  The suspended rights include the rights to access and erase personal information, the right to be informed about how data is being used, the right to object to the processing of data, as well as the right to lodge a complaint or exercise the right to a judicial remedy.

The government further relaxed the requirement for the governmental authorities to notify individuals when collecting their personal data when the authorities act with the purpose of “coronavirus case prevention, recognition, exploration, as well as prevention of further spreading.” In lieu of the strict notification requirements, the government will provide general information published electronically about the “purposes, legal grounds, and scope” of processing.

On May 18, 2020, the European Data Protection Board Chair Andrea Jelinek noted her concern at the recent move by the Hungarian authorities, adding that suspension of the GDPR amid the current public health crisis is “not recommended” by the EDPB.   Article 23 of the GDPR allows member states to restrict certain rights by “way of a legislative measure . . . when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society.”

Several civil society organizations noted that the Hungarian government’s decision does not comply with the Article 23 requirements and denounced it as “disproportionate, unjustified, and potentially harmful to the public’s response to fight the virus.”  The EDPB is in the process of developing further guidance on Article 23 as other EU members are developing their policies on COVID-19 containment and mitigation.

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