Protection of personality rights, likeness of the person
Pursuant to Section 2:42 of Act V of 2013 on the Civil Code, everyone shall have the right, subject to limitations by law and by the rights of others, to exercise his personality rights freely, in particular the right to have respect for his private and family life, his home, and to his communications made by whatever ways or means, and the right to good reputation and not to be hindered by anyone from exercising these rights.
One of the fundamental rights in the context of rights relating to personality is the right of a person to his or her likeness, the infringement of which constitutes a violation of personality rights. The consent of the person concerned is required for an image to be taken of them, and no photograph may be taken without the consent of the person concerned. In principle, consent is required in all cases where the person in the image is recognisable, i.e. where a photograph is capable of depicting that person as an individual. Consent may be given orally, in writing or even by implied conduct. A distinction must be made between the creation and use of the likeness. As a general rule, the consent of the person concerned is also required for use. Consent already given to the taking of a photograph does not usually imply consent to its use.
Enforcement of personality rights
In the event of a violation of personality rights, depending on the circumstances of the case, civil or criminal proceedings may be brought.
If a civil law infringement occurs, the court will settle the personal and property dispute between the parties in civil proceedings.
Section 493 of Act CXXX of 2016 on the Code of Civil Procedure specifically mentions actions for press correction, the enforcement of the right to the protection of image and recorded voice and for asserting personality rights related to belonging to a community.
You can find out about the civil procedure, the forms required for the procedure and other useful information at the following link: https://birosag.hu/en/civil-proceedings
In the case of suspected defamation and/or insult or misuse of personal data (e.g. likeness of the person), you have the possibility to initiate criminal proceedings.
The court's information on private prosecutions is available at the following link: http://csc.birosag.hu/ANYKpub/UKE/BUNTETO/B01_ugyfel_tajekoztato.pdf