HungaryAct C of 2003 on Electronic Communications, Section 155(4), Consent for Storing or Accessing Data on Terminal Equipment
2003. évi C. törvény (Eht.) 155. § (4)
In force since .
A device storage and tracking consent rule binding public and private bodies.
- Obligation class
- Consent, Disclosure
As of .
What it requires
- Obtain the subscriber's or user's consent, given after clear and complete information that also covers the purpose of the data processing, before you store data on their electronic communications terminal equipment or access data already stored there (Eht. section 155, paragraph 4).
These lines are LexLint's reading of the law's text, as of . Also read by: Case C-673/17 Planet49, judgment of the Court of Justice of (recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62017CJ0673
- Case citation
- Case C-673/17 Planet49, judgment of the Court of Justice of
- Open questions
- Does Section 155, paragraph 4 of Act C of 2003, which allows data to be stored on terminal equipment or read from it "csak" on the basis of the user's consent, leave room for storage or access without consent where it is strictly necessary for a service the user has requested?
What this law does
Section 155, paragraph 4 of the Act on Electronic Communications allows data to be stored on a subscriber's or user's electronic communications terminal equipment, or stored data to be accessed there, only on the basis of the consent of the user or subscriber concerned, given after clear and complete information that also covers the purpose of the data processing. Section 50 of Act CVII of 2011 established the current wording of paragraph 4.
When LexLint raises it
When your app profile says your app tracks devices.