New Privacy Act In Hungary

On 11 July 2011, the Hungarian Parliament accepted Act CXII of 2011 on Informational Self-Determination and Freedom of Information ("Privacy Act"). The new Privacy Act repeals Act LXIII of 1992 on the Protection of Personal Data and the Disclosure of Information of Public Interest.

The most important changes introduced by the Privacy Act are as follows:

New rules for data processors

• No consent. Personal data may be processed without the consent of the individual, provided that:  (i) obtaining the consent proves impossible or involves a disproportionate effort and (ii) the processing is necessary for the compliance with a legal obligation; or (iii) the processing is necessary for the purpose of legitimate interests and such necessity is proportionate to the restriction of privacy.