When any person believes their rights as a data subject are being infringed upon, or when a data controller does not act when a data subject exercises his aforementioned rights, they can:
- Notify The Authority and request an investigation alleging an infringement relating to his or her personal data, or if there is imminent danger of such infringement[1]. The Authority’s ensuing investigation shall not be treated as an administrative proceeding, and therefore potential fines cannot yet be handed out[2]. The Authority shall carry out the investigation free of charge; the costs thereof shall be advanced and borne by the Authority[3]. The investigation can at the most be two months long, starting from the day after receiving the request.
- In the interest of the enforcement of the right to the protection of personal data the Authority may open administrative proceedings to fine an unlawful data controller[4]. The procedure is initiated on the day after the receipt of such a request at The Authority. The maximum duration of such a procedure can take one hundred and fifty days[5]. This period does not include the duration of the suspension or interruption of the procedure, and neither does it include the client's omission or delay.
To lodge a complaint with The Authority, one may:
- You can send your request electronically in authentical and validated form through ’e-Papír’ service (naih.hu/online-ugyinditas/381-vizsgalati-eljaras-kezdemenyezese-adatvedelmi-ugyben-gdpr) to the Authority’s registered contact point if you have Customer Port of Entry (’Ügyfélkapu’) or economic operator’s registered contact point (’Cégkapu’). Please note that this service is only available in Hungarian, however it is not reserved for Hungarian citizens only.
- In writing, sent via mail containing an authentic signature to The Authority's postal address (1055 Budapest, Falk Miksa utca 9-11);
- Written note handed in person at the reception of the Authority during the opening hours of the Authority between Monday and Thursday from 9 am to 4 pm, on Friday from 9 am to 2 pm. No prior booking is required.
If you wish to request an administrative procedure, please use ’e-Papír’ or send it in written via mail. According to Act CL of 2016 on General Public Administration Procedures section 20 (1) the official language in administrative proceedings is Hungarian. Please also declare whether or not you consent to The Authority disclosing your identity towards the data controller you lodged a complaint against. Furthermore, be sure to attach to your request any important documents or other pieces of evidence relevant to your case, including but not limited to: correspondence between you and the data controller, the data controller's contact details, or the location of any cameras. The Authority can only work with any documents or contact details that you provide.
Finally, the Authority would like to call your attention to the fact that your complaint may be dismissed if the infringement alleged in the notification is of minor importance or the notification is anonymous.
[1] Section 52, Point (1) Act CXII of 2011.
[2] Section 52, Point (2) Act CXII of 2011.
[3] Section 52, Point (4) Act CXII of 2011.
[4] Section 60, Point (1) Act CXII of 2011.
[5] Section 60/A, Point (1) Act CXII of 2011.