The Info Act does not contain any provisions regulating the protection of employee data. However, the Hungarian Labour Code provides articles regarding this matter.
Employees shall be informed in written form in advance about the type, conditions, expected duration, necessity and proportionality of the restrictions of his personal rights in direct connection to the purpose of the labour relationship (Sec. 9 Subsec. 2 lit. b Act I from 2012 on the Labour Code).
Employers can only ask employees for a declaration (e.g. via a document) or provision of personal data that are essential to the labour relationship or to enforce a legal claim. (Sec. 10 Subsec. 1 Labour Code).
Biometric data
Biometric personal data of employees can only be used
for identification purposes if it is necessary to inhibit
unauthorised access to things or data that, would pose a danger of serious or numerous irreversible injuries (a) to an employees´ or anothers´ lives or their physical integrity or health, or (b)to a substantial interest protected by law (Sec. 11 of Labour Code).
Data related to criminal offences
Criminal personal data (e.g. an excerpt from the criminal record) can only be processed for the purpose of checking whether the employment is legally prohibited from the specific field of activity. The employer may set excluding or restricting conditions in advance if the employment would endanger the essential financial interests of the employer, legally protected secrets or interests (Sec. 11 Labour Code). For example, an excerpt from the criminal record may be requested for review, but it shall not be copied or stored.
Surveillance
Surveillance of employees´ behaviour by a technical device is only possible in connection with the labour relationship based on proper preceding notification (Sec. 11/A Labour Code).
