Enforcement · Hungarian National Authority for Data Protection and the Freedom of Information (NAIH) EN LLM context A cited markdown file you can paste into your AI assistant (ChatGPT, Claude, a RAG or project knowledge base) to ground it in this document. Contains: this document’s text, its sections with their topics, and the full text of every law provision it applies. Everything links back to its source on overview.legal — legal information, not advice.

Unknown Company: Non-compliance with general data processing principles

An employee was on sick leave when his employer checked his desktop, laptop and emails to ensure that his work-related duties were being covered in his absence.

€2,860 Fine
Unknown Company
HUNGARY
Art. 5 GDPR Art. 6 GDPR Art. 13 GDPR Art. 24 GDPR Art. 25 GDPR
Retention Period Legitimate Interest Storage Limitation Transparency Processing
Oct 15, 2019 Source naih.hu

Full text

An employee was on sick leave when his employer checked his desktop, laptop and emails to ensure that his work-related duties were being covered in his absence. The employer then suspended his account. The employee did not receive pre-notification and did not have the chance to copy / delete his private information (telephone numbers, messages). According to NAIH, employers must record the access with minutes and photos. Employment agreements must regulate whether employees can use work equipment for private purposes. Privacy notices must contain the reasons for employee monitoring (e.g. business continuity, internal investigation, disciplinary purposes, and the specific retention period of employee data - including the length and recurrence of backup copies. Employers must also prepare ”balancing tests” to prove their legitimate interests for general employee monitoring and specific cases.

Industry: Employment

How it connects

References

Related across sources

C-740/22 Endemol Shine Finland Oy In Case C-740/22, the Court of Justice of the European Union (Sixth Chamber) ruled on a preliminary reference from the Itä-Suomen hovioikeus (Court of Appeal, Eastern Finland)… CJEU ·Sixth Chamber Mar 7, 2024 Criminal Data Personal Data Types of Special Categories of Personal Data
C-60/22 UZ v Bundesrepublik Deutschland In Case C-60/22, the CJEU (Fifth Chamber) ruled on a preliminary reference from the Verwaltungsgericht Wiesbaden concerning UZ, a third-country national, and the Bundesrepublik… CJEU ·Fifth Chamber May 4, 2023 Right to Restriction Right to be Forgotten Personal Data
C-136/17 GC and Others v CNIL C-136/17 (GC and Others) CJEU Sep 24, 2019 Right to be Forgotten Legitimate Interest Criminal Data
2018 Art. 29 WP Guidelines on GDPR transparency requirements (WP260 rev.01) Guidelines on transparency EDPB Apr 11, 2018 Transparency Information Provision Modalities and Communication Methods Fairness & Transparency
C-634/21 OQ v Land Hessen In Case C-634/21, the CJEU addressed a preliminary ruling from the Verwaltungsgericht Wiesbaden concerning OQ's challenge against Land Hessen's refusal to order SCHUFA Holding AG… CJEU ·First Chamber Dec 7, 2023 Profiling Automated Decision-Making Marketing
C-65/23 MK v K GmbH In a preliminary ruling requested by the German Federal Labour Court (Bundesarbeitsgericht), the Court of Justice of the European Union interpreted Article 88 of the GDPR… CJEU ·Eighth Chamber Dec 19, 2024 Personal Data Integrity and Confidentiality Principle Legitimate Interest
Related documents