Human Rights, Equality & Minority Protection
“Landscape After Battle” – On the Margins of the Hungarian Public Education Act
Public education; teachers’ rights; right to strike; educational autonomy; LGBTQ content; constitutional rights
Protests by teachers' and students' NGOs and civil disobedience movements have drawn attention to the fundamental deficiencies of the Hungarian public education system. The controversial so-called „Status Law”, which provoked intense debates, redefined the careers of teachers (called national career path model - see below) and the whole organisation of public educational system. The most significant dilemma of the legislation act is how to interpret the constitutional right to education and the autonomy of public education. In answering this question, it is necessary to point out the government's intention and the wide social/political debate that also emerged behind the government decree on child protection and has resulted in the exclusion of LMBTQ-themed learning materials from school textbooks. The latter has led to the need to wrap LGBTQ books in the youth literature section of bookshops. Why and how have education and child protection issues become politicised and ideologised in Hungary?
EGRESI, KATALIN
Data Protetction as Data Security - The Ecosystem of Digital Markets
Data protection; digital platforms; artificial intelligence; big data; algorithmic decision-making; digital markets
One of the most dramatic processes of our times is the information explosion and the dramatic social transformation that is taking place in its wake. Digital footprints allow us to reconstruct previously hidden structures and relationships, and to change the tools, methodologies and results of cognition. The essence of technology is to be as versatile as possible, using more and more data of different categories and timings, with new solutions and operations evolving on a complex daily basis. This does not make privacy "dead", as many people think - it is simply that the focus may be on the rules for managing personal data rather than protecting it. In order to harness and reap the benefits of mobile devices, artificial intelligence-based big data technology⁴ and hybrid cloud services⁵, we need to facilitate data sharing and we need regulation that allows this to happen while maintaining the confidentiality of the data with the data controller. The first part of the chapter provides an overview of the approach to the protection of fundamental rights and the definition of the conceptual issues of regulation. The second part argues that our current general contract practice is convenient but not right, given the extent to which we need to enforce our fundamental constitutional rights. The third part outlines the framework of a real contractual relationship for data management. The final part offers some preliminary thoughts on the possible obligations of dominant digital platforms. Accordingly, the regulatory presumption that individuals can control the flow of their personal data should be overcome.
MOZSONYI, NORBERT
The History of the Unification Movement of Hungary from a Legal Pespective
Religious freedom; church registration; Unification Movement; religious equality; legal status; Hungary
There is currently only partial religious freedom in Hungary. One side it is violation of the freedom and equality of religions, the Act CCVI of 2011 openly denies the separation of religious and political institutions. According to this law, the vote of the political parties sitting in Parliament will decide on the recognition of incorporated churches in the future. On the other hand, the Unification Movement, along with many other small churches, can regain its church status if it can present the signatures of at least 1,000 members to the court registration process based on the new modified Act CCVI of 2011 which went into effect since 15 April 2019.
ZALAHEGYI, ZOLTÁN
Preventive Privacy Protection for Victims of Infraction in the Context of the Directive 2012/29/EU
Victims of infractions; privacy protection; personal data; secondary victimization; administrative proceedings; Directive 2012/29/EU
The article examines whether Czech law adequately protects the privacy and personal data of victims in administrative infraction proceedings under Directive 2012/29/EU. It identifies disparities between victims of crimes and victims of infractions, particularly regarding early protection, file access, and the prevention of secondary victimization.
HEPOVÁ, ADÉLA
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