{"id":1764,"date":"2019-06-03T08:35:36","date_gmt":"2019-06-03T08:35:36","guid":{"rendered":"http:\/\/gerey.hu\/EU\/?p=1764"},"modified":"2019-06-05T12:24:54","modified_gmt":"2019-06-05T12:24:54","slug":"the-amendments-of-the-regulation-of-the-surveillance-system","status":"publish","type":"post","link":"http:\/\/gerey.hu\/EU\/the-amendments-of-the-regulation-of-the-surveillance-system\/","title":{"rendered":"THE AMENDMENTS OF THE REGULATION OF THE SURVEILLANCE SYSTEM"},"content":{"rendered":"\n

This summary is not exhaustive and only contains the most significant modifications. The analysis goes beyond the scope of this newsletter and in case of request, we gladly provide you further information on essential content.<\/em>

<\/p><\/justify>\n\n\n\n

Following the\nentry into force of the GDPR last year, the amendment and harmonisation of several\nHungarian laws became necessary, which was carried out by the legislator by adopting\nrecently the Act XXXIV of 2019 on the\nlegislative amendments required in order to implement the data protection reform\nof the European Union<\/em>. The amendments entered into force on 26th<\/sup>\nApril 2019. Out of the numerous detailed rules, the amendment of Act CXXXIII of\n2005 on the protection of persons and\nproperty, and the activities of private detectives<\/em> (hereinafter referred as:\nthe \u201cAct<\/strong>\u201d\u2019) is the most\nrelevant in the view of the commercial entities.<\/p>\n\n\n\n

1.       THE RETENTION\nPERIOD OF THE RECORDINGS OF THE SET ELECTRONIC OBSERVATION SYSTEM<\/strong><\/p>\n\n\n\n

The Act regulated the retention period of the image and\/or sound recordings\nproduced by the applied electronic systems. According to the repealed\nregulation, the general retention period was 3 workdays, afterwards the\nrecording had to be deleted (under certain circumstances, exceptionally the\nretention period could be 30 or 60 days).<\/p>\n\n\n\n

From 26th<\/sup> of April 2019, the legislator excluded the detailed\nrules concerning the recordings by the electronic observation system.  Instead of this, it declares that  the reason and period of the recognition of\nthe image and sound recordings during the operation of the electronic\nobservation system, as well as the persons who acquired knowledge of it, shall\nbe registered.<\/p>\n\n\n\n

Bases on this, the Act does not include a limit for the retention period\nof the recording, because the records shall be retained only for the minimum period\nof time which is strictly necessary. For example, the recording of the territory\nof a depository could only be retained until the end of the inventory period.\nThe documentation of these reasoning and the determination of the retention\nperiod is essential, considering the principle of accountability of the GDPR.<\/p>\n\n\n\n

2.       THE RULES\nRELATED TO THE APPROVAL TO THE APPLICATION TO THE SET ELECTRONIC OBSERVATION\nSYSTEM<\/strong><\/p>\n\n\n\n

The repealed regulations concerning the application of the electronic observation system included that the recording\ncan only be made with the consent of the persons located at the controlled\narea. Implicit behaviour (e.g. entering into such area) was qualified as consent,\nif proper caution of the observation was placed (a sign of the surveillance).\nIn addition, the Act established in detail which areas can be controlled by\nelectronic observation systems. <\/p>\n\n\n\n

With the amendment of the Act, the requirement of consent has been\nexcluded, and regarding the method of the application, the Act only includes\nthe following:<\/p>\n\n\n\n