DPA case NAIH-2727-2/2022. – €28,298 Fine (Hungary, 2022)

The controller (a debt management company ) sought to collect a debt from an heir of a person deceased in 2013. Following a notice received on 23 June 2021, the data subject (the heir) called to inform the controller that in his view, the claim was not justifiable. Based on the Hungarian Act V of 2013 on the Civil Code, a claim expires after 5 years, and also, heirs are liable only up to the amount of the inherited estate. The data subject also asked the controller to erase all personal data relating to this case. As no measures were taken by the controller, the data subject called a second time on 15 July 2021, when he requested the controller to send him the audio recording of his previous call. The phone operator of the controller could not find any reference to the first phone conversation and informed the data subject that the request for erasure had to be submitted in writing. After the controller received an inquiry by the DPA, it claimed that it had initiated the proceedings against the data subject based on an administrative error. It was determined in an internal review that the data subject's verbal request for erasure was fully justified and the controller's phone operator failed to register it as a complaint. As a result, the controller notified the data subject that it irretrievably deleted the relevant personal data from its records, while retaining a copy of the order of the public notary about the estate (including name, date and place of birth of the data subject, as well as his mother's name) based on its legal obligation to keep records under Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises and also on the basis of Article 6(1)(c) GDPR. First, the DPA considered the processing of personal data for the purpose of debt collection. It was clear from the probate order obtained in 2016 that the amount of debts exceeded the amount of the active assets and hence the controller's claim was unjustified. Nevertheless, after receip