Óbuda Family Counselling and Child Protection Centre – Complaint Upheld (Hungary, 2022)
General GDPR enforcement action
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Hungary's data protection authority found that a family counseling center wrongly shared an audio recording of a domestic violence incident without proper legal grounds. This decision emphasizes the importance of handling personal data carefully and respecting individuals' rights to access their data.
What happened
The family counseling center shared an audio recording of a domestic violence incident without a valid legal basis and refused the individual's request to access it.
Who was affected
The person whose voice was recorded and shared without consent in the audio recording of a domestic violence incident.
What the authority found
The authority found that the center unlawfully processed and shared the individual's personal data and wrongly denied their access request.
Why this matters
This ruling underscores the need for organizations to have clear legal grounds when processing personal data and to respect individuals' rights to access their information. It serves as a reminder for entities handling sensitive data to ensure compliance with data protection laws.
GDPR Articles Cited
On 7 June 2021, the data subject filed a complaint with the DPA, as they became aware that the data controller – the Family Counselling and Child Protection Centre of Budapest, District III (Óbuda) – forwarded an audio recording of domestic violence (abuse) to the competent Child Welfare Centre, and this recording also contained the voice of the data subject. The recording was originally made and sent by the data subject’s estranged wife. On 14 June 2021, the data subject exercised their right of access with the controller in person. As the audio material was not made available during the visit, the data subject requested it to be sent via e-mail. The controller refused to provide the file despite multiple further requests by the data subject. However, in a letter dated 1 July 2021, the controller informed the data subject that the audio material requested by him was not physically part of the file, but it was available in file format. The audio material was then sent electronically to the competent Child Welfare Centre and subsequently deleted. The data subject therefore requested the DPA to declare that the controller unlawfully processed and transmitted their personal data to the Child Welfare Centre and that it unlawfully refused him request for access. In its reply to the DPA, the controller stated that it stored the audio recording. Allegedly, the complete file was transferred to the Child Welfare Centre pursuant to Article 6(1)(e) GDPR. The controller also stated that it subsequently considered the storage and transmission of the audio recording to be an error, and therefore took immediate action to delete the e-mail containing the audio recording. In relation to the data subject's requests for a copy of the audio recording, the controller stated that on 17 and 18 June 2021, it wrongly refused to disclose the audio recording. The controller contemplated at first that it was not competent to process the information of the data subject and because if that, it
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Related Enforcement Actions (0)
No other enforcement actions found for Óbuda Family Counselling and Child Protection Centre in HU
This is the only recorded action for this entity in this jurisdiction.
Details
Decision Date
25 August 2022
Authority
Nemzeti Adatvédelmi és Információszabadság Hatóság
GDPRhub ID
gdprhub-5321About this data
Cite as: Cookie Fines. Óbuda Family Counselling and Child Protection Centre - Hungary (2022). Retrieved from cookiefines.eu
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