Blog » THE HUNGARIAN BASKETBALL ASSOCIATION DUNKED A DATA PROTECTION FINE - HOW TO AVOID THE SAME?
THE HUNGARIAN BASKETBALL ASSOCIATION DUNKED A DATA PROTECTION FINE - HOW TO AVOID THE SAME?
10 September 2018
I hope that the Hungarian Basketball Association is better at the game than at data protection. Indeed, based on the fresh decision of the Hungarian Data Protection Authority they have serious problems with the latter and their data protection faults have been “awarded” with a fine. Let’s see the mistakes of the Association your company should avoid.
Worried parents lodged a complaint against the Basketball Association at the Hungarian Data Protection Authority. The parents were rather unhappy that the Association stored the names, photos, addresses and a bunch of other personal data of their children in a database which was publicly available on the Internet.
The Data Protection Authority started an investigation and came to the conclusion that the database which contains the data of ca. 65.000 players, 31.000 of them minors, is really problematic from data protection point of view. Which were the biggest issues?
The publicity of the database
The Data Protection Authority raised the question what is the purpose with publishing the whole database with the excessive amount of data on the Internet where practically everyone has access to it?
In the Association’s view this was necessary to make it possible to check the players’ game licences and prevent that somebody comes onto court without licence.
Certainly, the Authority could not identify with this explanation. Indeed, the Association’s goal could have been reached by operating an “internal” database with limited access rights provided for example to the judges and coaches. The public database is not only unnecessary but also risky for the security of the players.
It is only the top on the cake that for the identification of the players it would not be necessary to process their addresses or their heights, thus the collection of these data is needless.
Lack of consent
A question of priority was that on what legal basis the Basketball Association processes the published data. The Association claimed that the players have consented to the processing by signing a so-called subjection declaration which was the condition of issuing their game licence.
The Data Protection Authority thoroughly examined the issue and established that during a part of the period considered the Association failed to have signed the subjection declaration by the players so in their case the consent is out of question.
Nevertheless, the consent given in the subjection declaration was also insufficient according to the Authority. Since the Association made the signing of the declaration as the condition of the game licence, the consent cannot be considered as freely given thus it is invalid.
Data storage without purpose
A further problem was that the Association stored the collected data until the player requested the erasure. Therefore, the personal data of those players who have not requested the erasure was also available after they ended their career.
The Authority pointed out that the possibility to check the game licence is obviously not necessary in case of those players who stopped playing officially. In their case the Association stores the data without justified reasons which infringes the principal of purpose limitation.
Lack of prior notification
If the above was not enough, the Association succeeded to make the issue more serious since he has not or has not sufficiently informed the players about the circumstances of the data processing. This is also related to the validity of the consent to the data processing, since without prior notification the consent will not be considered as valid.
According to the Association, until the procedure before the Authority they informed the players in the subjection declaration. However, the notification was not full and contained misleading information. For example, the declaration contains that the Association does not transfer to any third person the collected data and also that he publishes the data on the webpage operated by him. No further data protection knowledge is necessary to recognize the contradiction.
What can you learn from the above?
Always think over what is your goal with the data processing, and do not collect or erase the data which is not necessary for your purposes.
As mentioned several times, only use consent as the basis of data processing if you provide real choice to the data subject to give consent or not to, thus the consent can really be freely given,
Hungary: Steps Towards Differentiating Between Domestic and International Procedural Public Policy
Drawing a well-defined line of demarcation between domestic and international public policy when enforcing foreign arbitral awards sends a clear pro-arbitration message from national courts in any jurisdiction. Does Hungarian case law come close to this level of sophistication? This post analyses this question in the context of procedural public policy, and it does so based on two recent appellate court decisions rendered in the context of enforcement of arbitral awards in accordance with the New York Convention.Read more »
EU ISSUED NEW GDPR STANDARD CONTRACTUAL CLAUSES – WHEN AND HOW TO USE THEM?
During summer 2021, the European Commission published two new "standard contractual clauses" on data protection regulation, which can be applied on the one hand, to the legal relationship between data controllers and data processors covered by the GDPR , and to the transfers of personal data to third countries, on the other. In this article, we answer the questions: what these SCCs regulate, how do they differ from the previous SCCs and how can your company use the new SCCs?Read more »
CAN THE NON-COMPETITION AGREEMENT BE VALID WITHOUT A PRECISE COMPENSATION IN HUNGARY?
The non-compete agreement may provide protection of the legitimate economic interests of the employer even after the termination of employment relationship. However, the Hungarian Labour Code lays down strict requirements for the agreement. In our article we analyse a recent decision of the Supreme Court about the importance of the precise determination of the compensation, so you as an employer can conclude a valid non-compete agreement.Read more »