Under both international and Hungarian law, the unauthorized disclosure of personal data is unlawful and, in most cases, punishable. This applies to the information revealed concerning the minister heading the Hungarian prime minister's cabinet office as a result of the decision made by Pressman and his colleagues, Zoltan Lomnici Jr wrote in a statement forwarded to Hungary's state news agency (MTI).
The politically motivated decision, driven by frustration and disappointment, not only raises concerns about the handling of personal data but also clearly violates Hungarian and international constitutional principles, he pointed out. Furthermore, it goes against the fundamental requirements of objective evidence-based adjudication, which requires that in cases involving potential criminal law consequences, the acting authorities – that is, courts – must make impartial decisions based solely on evidence, he added. Zoltan Lomnici Jr emphasized that
the disclosure of personal data requires the consent of the data subject, which, as defined by the General Data Protection Regulation, must be freely given, specific, informed and unambiguous, indicating the data subject's choice in the form of a clear and unequivocal statement or confirmation.
The EU's GDPR regulation declares that the protection of natural persons regarding the processing of their personal data is a fundamental right.
Article 8(1) of the Charter of Fundamental Rights of the European Union and Article 16(1) of the Treaty on the Functioning of the European Union stipulate that everyone has the right to the protection of personal data concerning them. Furthermore, the principles of, and rules on the protection of natural persons with regard to the processing of their personal data should, whatever their nationality or residence, respect their fundamental rights and freedoms, in particular their right to the protection of personal data. This is an essential condition for creating an area of freedom, security, and justice, he stated. Based on all this, the relevant body of the US Department of the Treasury unlawfully disclosed the personal data of the individual concerned, violating the fundamental principles of the General Data Protection Regulation and Article 6(1) of the regulation, Zoltan Lomnici Jr pointed out.
Cover photo: US Ambassador to Hungary David Pressman (Photo: Balazs Ladoczki)
