Bence Tordai – Complaint Upheld (Hungary, 2024)

The data subject is a Hungarian politician, while the controller is a company managing several news websites and newspapers. The controller acquired some images of the data subject’s house in Budapest through a camera installed on a drone. These images were then published on several news websites, along with statements accusing the data subject of having built his house without a building permit. Moreover, the controller also published ob its news outlets the entries of an electronic log about the construction works. The data subject filed a complaint with the DPA. He argued that the controller unlawfully published the data and that he was not provided with the information listed in Articles 13 and 14 GDPR. The controller, at the request of the DPA, did not clarify on which legal basis it was relying for this processing activity. Later on, the controller argued it was relying on Article 6(1)(f) GDPR and provided the DPA with a legitimate interest test. In the latter, the controller pointed out that it needs to perform this processing activity in order to inform its readers, that it constitutes a proportionate restriction and that its purpose cannot be achieved by means of a lesser restriction. In addition, it noted that the processing is not unexpected for the data subject. Moreover, it argued that the data from the electronic log was sent to it by an unknown person in a sealed envelope. First, the DPA noted that the data subject is a public figure, since he is a member of the Parliament and a politician. Secondly, the DPA underlined how the freedom of the press and, more generally, the freedom of speech and expression have a very important role in a democratic country and are protected by the constitution. More specifically, the DPA upheld the controller’s argument that it had a legitimate interest in performing this processing activity, given that the purpose was informing the public about the credibility of a political public figure in the context of a public