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Hungary: NAIH issues guidance on data transfers by educational institutions to third parties

On November 8, 2023, the National Authority for Data Protection and Freedom of Information (NAIH) issued guidance on transfers of former students' personal information to third parties for the purpose of organizing class meetings. The NAIH explained that the data of former students such as name, address, and e-mail address, would be considered personal data, and therefore the General Data Protection Regulation (GDPR) would apply. The NAIH detailed that considering the above, educational institutions would need to comply with Article 6 of the GDPR and have an appropriate legal basis before transferring such data to third-party meeting organizers, highlighting consent, public interest, and legitimate interest as the potentially applicable legal bases.

Following its assessment of the aforementioned legal bases, the NAIH concluded that:

  • without knowing the contact details of former classmates, it is impossible to obtain the consent of data subjects; 
  • it is not a public duty for an education institution to forward data to the organizer of class meetings; and
  • the legitimate interest of organizers of class meetings as third parties, would not likely be stronger than the right of former classmates to protect their personal data.

As a result, the NAIH confirmed that it could not identify a suitable legal basis to permit the educational institution to forward the personal data of former classmates to the meeting organizers.

You can read the guidance, only available in Hungarian, here