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. |