Minority Regimes at Work – Hungarian Experiences on the Interrelated Complexities of Data Protection and Minority Protection
Minority Regimes at Work – Hungarian Experiences on the Interrelated Complexities of Data Protection and Minority Protection

Author(s): Balázs Majtényi, András László Pap
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence
Published by: Scientia Kiadó
Keywords: data protection; minority protection;minority rights;reverse discrimination
Summary/Abstract: Looking at the regulatory context of the Republic of Hungary, this essay proposes to examine the relationship between the protection of sensitive data and protection against violations of minority rights, on the one hand, and the free flow of ethnic data, which is required for the unimpeded provision of additional rights, on the other hand. In other words, we attempt to identify cases where a conflict between various fundamental rights may arise, as well as the circumstances in which placing restrictions on the right to the protection of personal data may be justified in the interest of making a distinction between the fundamental right associated with the prohibition of discrimination and the preferential treatment (affirmative action or reverse discrimination) of disadvantaged groups, as well as in order to uphold the constitutionally guaranteed rights of national and ethnic minorities. Such cases often harbour a conflict between even more fundamental rights than those mentioned above, but the only lawful objective of any restriction is the protection of subjective fundamental rights. In cases of preferential treatment, however, the restriction is invariably based on the consent of the subject.

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