Law note · Hungary
NAIH Enforcement, GDPR Article 82, and Infotorveny Section 24 Serelemdij
Nemzeti Adatvedelmi es Informacioszabadsag Hatosag (NAIH), the National Authority for Data Protection and Freedom of Information, is Hungary's supervisory authority, with General Data Protection Regulation (GDPR) Article 83 fines.
Section 24(2) of the Infotorveny, read verbatim, confirms a genuine Hungarian civil-law addition layered on GDPR Article 82: a person whose personality right has been infringed may claim serelemdij (compensation for infringement of a personality right) from the controller or processor, and Section 24(5) makes joint controllers and their processors jointly and severally liable for both ordinary damages and serelemdij. Section 24(3)-(4) give a force-majeure-style exemption for an unavoidable cause outside the scope of the processing.
What it asks of an app
- Expect NAIH to have General Data Protection Regulation (GDPR) Article 83 fining power over your processing of personal data of a person in Hungary.
- Expect a person in Hungary whose personality right to data protection was infringed to be able to claim serelemdij compensation from you as controller or processor, jointly and severally with any processor acting on your instructions, on top of ordinary GDPR Article 82 damages.
When LexLint raises it
Declared activities: crawls_web, trains_models, deploys_chatbot, processes_biometrics, processes_voice
Primary source: njt.jog.gov.hu, Infotorveny sec. 24 (direct fetch, verbatim)