What is considered content made accessible without permission?

Published: 19 September 2017

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Illustration: personal information published online without permission

When a user’s personal information is published online without his/her permission or a picture/video of him/her is uploaded that he/she did not want to make public or gave no permission for it to be published.

Content made accessible without permission means any image, video, audio recording or other personal data concerning a person or his/her child published online without his/her permission/consent.

The Internet Hotline has no competence to investigate cases of copyright infringement.

Act V of 2013 on the Civil Code

Right to integrity and reputation

Section 2:45

(1) The integrity of a person is considered violated when a false and malicious oral statement is uttered publicly to damage that person’s reputation, and to make people have a bad opinion of such person.

(2) Defamation means when something bad about someone that is not true, or a true fact with an untrue implication is published or disseminated in an abusive attack on that person’s good name.

Right to facial likeness and recorded voice

Section 2:48

(1) The consent of the person affected shall be required for producing or using his/her likeness or recorded voice.

(2) The consent of the relevant person is not required for recording his/her likeness or voice, and for the use of such recording if made of a crowd or in a public event.

Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information

Section 5

(1) Personal data may be processed under the following circumstances:

a) when the data subject has given his consent, or

b) when processing is necessary as decreed by law or by a local authority based on authorization conferred by law concerning specific data defined therein for the performance of a task carried out in the public interest (hereinafter referred to as “mandatory processing”).

Act C of 2012 on the Criminal Code

Misuse of Personal Data

Section 219

(1) Any person who, in violation of the statutory provisions governing the protection and processing of personal data:

a) is engaged in the unauthorized and inappropriate processing of personal data; or

b) fails to take measures to ensure the security of data;

is guilty of a misdemeanor punishable by imprisonment not exceeding one year.

(2) The penalty in accordance with Subsection (1) above shall also be imposed upon any person who, in violation of the statutory provisions governing the protection and processing of personal data, fails to notify the data subject as required, and thereby imposes significant injury to the interests of another person or persons.

(3) Any misuse of personal data shall be punishable by imprisonment not exceeding two years if committed in connection with special data.

(4) The penalty shall be imprisonment not exceeding three years for a felony if the misuse of personal data is committed by a public official or in the course of discharging a public duty.

Defamation

Section 226

(1) Any person who engages in the written or oral publication of anything that is injurious to the good name or reputation of another person, or uses an expression directly referring to such a fact, is guilty of a misdemeanor punishable by imprisonment not exceeding one year.

(2) The penalty shall be imprisonment not exceeding two years, if the defamation is committed:

a) with malice aforethought or with malicious motive;

b) libelously, before the public at large; or

c) causing a significant injury of interest.

Production of Sound or Video Recording of a Defamatory Nature

Section 226/A

(1) Any person who produces a falsified or forged sound or video recording or a sound or video recording with untrue contents with intent to injure the good name or reputation of another person or persons, is guilty of a misdemeanor punishable by imprisonment not exceeding one year, insofar as the act did not result in another criminal offense.

Publication of Sound or Video Recording of a Defamatory Nature

Section 226/B

(1) Any person who makes available to the public a falsified or forged sound or video recording or a sound or video recording with untrue contents with intent to injure the good name or reputation of another person or persons, is guilty of a misdemeanor punishable by imprisonment not exceeding two years.

Slander

Section 227

(1) Any person who, apart from what is contained in Section 226, makes a false publication orally or in any other way:

a) tending to harm a person’s reputation in connection with his professional activity, public office or public activity; or

b) libelously, before the public at large;

shall be punishable for a misdemeanor by imprisonment not exceeding one year.

(2) Any person who engages in an act to defame someone by physical assault shall be punishable in accordance with Subsection (1).

Desecration

Section 228

Any person who violates the memory of deceased persons by the means defined in Section 226 or Section 227 is guilty of a misdemeanor punishable as defined therein.