The European Data Protection Board (EDPB) is closely monitoring the situation in Hungary. At its 26th plenary session on 8 May, it instructed its Hungarian member to give an opinion on the necessity and proportionality of the emergency measures taken by the government, which in particular limit the right of access to and deletion of personal data. The EDPB is scheduled to discuss this again on 12 May.
“The Committee considers that further explanations are necessary and has therefore asked the Hungarian Supervisory Authority to provide additional information on the scope and duration and to give an opinion on the necessity and proportionality of these measures”, the EDPB underlined in a statement.
On 4 May this year, the government of Viktor Orbán issued a decree introducing derogations from European rules on data protection and the principle of the right to information. The text suspends, for example, the rights of access to and deletion of personal data, and judicial appeal procedures will have to wait until the end of the state of emergency is declared. It also relaxes the obligation for authorities to notify individuals of the collection of their personal data, when the authorities are acting to “prevent, recognise, investigate and prevent the spread of coronavirus”.
Asked about the decree by EUROPE, the European Commission said that it monitors how the emergency measures are applied in practice and their impact, in particular on the rule of law, fundamental rights and EU law. “Any measures taken to deal with the health crisis must be limited to what is necessary and strictly proportionate”, said the spokesperson. (Original version in French by Sophie Petitjean)