# Unknown Company: Non-compliance with general data processing principles

- Type: Enforcement
- Source: Hungarian National Authority for Data Protection and the Freedom of Information (NAIH)
- Date: 2019-12-11
- Original: https://www.enforcementtracker.com/ETid-157
- Canonical: https://overview.legal/posts/46272
- Topics: Archiving, IP Address, Representatives, Employees, Processing

## Summary

The employer restored the mailbox of a director who had left the company a year before and found an email containing a work-related document. The director received no warning that his former inbox would be activated and did not have a chance to copy / delete his private data (passwords and financial information). According to NAIH, an employee or a representative should be present when the employee's data is being accessed, even if the employment has been terminated. Employees should be able to

## Full text

The employer restored the mailbox of a director who had left the company a year before and found an email containing a work-related document. The director received no warning that his former inbox would be activated and did not have a chance to copy / delete his private data (passwords and financial information). According to NAIH, an employee or a representative should be present when the employee's data is being accessed, even if the employment has been terminated. Employees should be able to request a copy or the deletion of their private data. Employers must record the access with minutes and photos; when the employee cannot be present, then in the presence of independent witnesses. Employers must adopt internal policies on archiving and the use of IT assets and e-mail accounts, including procedural rules such as the steps of an inspection and the officials authorised to carry it out.

GDPR Articles: Art. 5 GDPR, Art. 6 GDPR, Art. 13 GDPR, Art. 24 GDPR, Art. 25 GDPR
Industry: Employment

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