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Budapest Főváros IV. Kerület Újpest Önkormányzat Polgármesteri Hivatala – CJEU Judgment (Hungary, 2024)

CJEU Judgment
Court of Justice of the European Union14 March 2024Hungary
final
CJEU Judgment

CJEU judgment — not a DPA enforcement action

This is a Court of Justice ruling, not an enforcement action by a data protection authority. It is not included in cookie statistics or the Risk Calculator.

The Court of Justice of the European Union ruled that data protection authorities can order the erasure of unlawfully processed personal data without a request from the individual. This decision is crucial for ensuring that personal data is handled correctly.

What happened

The CJEU ruled that data protection authorities can order the erasure of unlawfully processed personal data even if the individual has not requested it.

Who was affected

Hungarian residents whose personal data was processed without proper notification.

What the authority found

The Court held that the DPA has the authority to enforce corrective measures under GDPR without needing a request from the data subject.

Why this matters

This ruling reinforces the power of data protection authorities to act in the public interest. Companies must understand that they can be held accountable for data handling practices, even without direct complaints from individuals.

Recorded legal citations
Automatically processed
Art. 17 GDPR
Art. 58(2)(d) GDPR
Art. 58(2)(g) GDPR
View original scraped data
Art. 17(GDPR)
Art. 58(2)(d) GDPR
Art. 58(2)(g) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

Decision AuthorityCJEU
Reviewed AuthoritySupreme Court (Hungary)

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Secondary-source text retrieved.

Automated check recorded — 20 March 2026.

Processing notes: articles corrected, authority corrected.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

In February 2020, the Újpest administration (the controller) obtained personal data about Hungarian residents from the Hungarian Treasury and Budapest district office. The intent was to determine eligibility for a program seeking to provide financial supports to residents made vulnerable by the COVID-19 pandemic. The Hungarian DPA initiated an investigation after a report alerted it of the processing. The DPA determined that the controller failed to timely inform data subjects of the categories of personal data processed, the purposes of processing, or how they could exercise their rights in relation to the processing. On 22 April 2021, it found that the controller violated Articles 5, 14, and 12(1) GDPR. Pursuant to Article 58(2)(d), the DPA ordered the controller to erase the personal data of data subjects who were entitled to the right to erasure but had not requested it. The controller challenged the DPA’s order before the Fővárosi Törvényszék (Budapest High Court), arguing that Article 58(2)(d) GDPR does not empower the DPA to order the erasure of personal data in the absence of an Article 17 GDPR request from the data subject. Seeking clarification on the interpretations of Article 17 and 58(2)(d) GDPR, the Budapest High Court referred two questions to the CJEU: # Can a DPA order a controller or processor to erase unlawfully processed personal data despite the absence of a request from the data subject? # If the DPA can exercise such corrective power, is that so whether or not the personal data were obtained from the data subject? In deciding the first question, the Court held that some corrective powers under Article 58(2) GDPR, namely 58(2)(d) and (g) GDPR, may be exercised by the DPA on its own motion. Article 58(2)(c) GDPR, on the other hand, does require a prior data subject request. The Court noted that the plain language of Article 58(2)(d) and (g) GDPR does not require a data subject request to authorize the DPA’s corrective power. Article 58 GDPR

Outcome

CJEU Case

A judgment or Advocate General opinion in a case before the Court of Justice of the European Union.

Related Cases (0)

No other cases found for Budapest Főváros IV. Kerület Újpest Önkormányzat Polgármesteri Hivatala in HU

This is the only recorded case for this entity in this jurisdiction.

Details

Judgment Date

14 March 2024

Authority

Court of Justice of the European Union

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. Budapest Főváros IV. Kerület Újpest Önkormányzat Polgármesteri Hivatala - Hungary (2024). Retrieved from cookiefines.eu

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