Information Self-Determination? – Reflection on the Data Protection Dilemmas of the Preferential Parliamentary Mandate for National Minorities

Abstract

Hungarian electoral law provides that parliamentary representation of the thirteen national minorities recognised in Hungary is ensured through the possibility of obtaining a preferential mandate. These data access regimes raise several questions concerning the effective protection of the fundamental right to protect personal data. To what extent are data subjects aware of the processing of their personal data? What opportunities exist for them to opt out of such data access regimes by exercising their right to informational self-determination? Finally, does the processing of personal data comply with the fundamental principles of European data protection law? To address these questions, this article examines the legal framework governing preferential parliamentary representation, outlines the statutorily regulated procedures for the provision of voter data and the circumstances of the related data processing operations, and analyses the resulting dilemmas from the perspective of data protection law.