DPA case NAIH-4495-1/2021 – €1,750 Fine (Hungary, 2021)

The main dispatcher for Company 1 called the complainant and recorded the conversation. The recording took place without the consent of the complainant and without providing prior information on data processing. Company 1 then forwarded the recording to Company 2, where the complainant was an employee. In turn, Company 2 terminated the employment of the complainant, since the communication of the complainant during the call failed to meet the professional standards required by Company 2. The complainant, through its legal representative, requested information on the processing of his data from Company 1, which did not dispute that the recording took place without the consent of complainant and without providing prior information to him. Company 1 nevertheless held that the processing was in accordance with the GDPR and the service control technology agreement between Company 1 and Company 2. Company 1 also provided additional information on data processing at the complainant's request and handed over the copy of the recording to him. The complainant, however, still held that the companies failed to comply with the GDPR and submitted a complaint at NAIH, arguing that the data processing violated the principles of the GDPR and took place without his consent and without providing adequate and prior information on the data processing. The Hungarian DPA (NAIH) held that the data processing was undertaken by Company 1 to control Company 2's service and that Company 2 examined the recordings and took measures based on employment law against the breaching employee. NAIH held that the purpose of processing is legitimate in the case of both companies; The correct legal basis for processing could be performance of a task carried out in the public interest (Art. 6(1)(e) GDPR) in the case of Company 1 and legitimate interest of the employer (Art. 6(1)(f) GDPR) in the case of Company 2. NAIH also held, however, that the companies failed to assess whether other, less invasi