Should Ethnic Data Be Standardized? Different Situations of Processing Ethnic Data

In: Máté Dániel Szabó (ed.): Privacy protection and Minority Rights. Budapest, Eötvös Károly Policy Institute, 2009, pp. 63-88.

18 Pages Posted: 1 Jan 2014

See all articles by Balazs Majtenyi

Balazs Majtenyi

Independent

Andras Pap

Hungarian Academy of Sciences Centre for Social Sciences Institute for Legal Studies; Central European University Nationalism Studies Program; Faculty of Humanities, Department for Communications and Media Studies

Date Written: 2009

Abstract

Looking at the regulatory context of the Republic of Hungary, this study proposes to examine the relationship between, on the one hand, the protection of sensitive data and protection against violations of minority rights and, on the other hand, the free flow of ethnic data, which is required for the unimpeded provision of additional rights. In other words, we attempt to identify cases where a conflict between diverse 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 negative discrimination and the positive discrimination of disadvantaged groups, and in order to uphold the constitutionally guaranteed rights of national and ethnic minorities. Such cases often harbor 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 positive discrimination, however, the restriction is invariably based on the consent of the subject.

Suggested Citation

Majtenyi, Balazs and Pap, Andras and Pap, Andras, Should Ethnic Data Be Standardized? Different Situations of Processing Ethnic Data (2009). In: Máté Dániel Szabó (ed.): Privacy protection and Minority Rights. Budapest, Eötvös Károly Policy Institute, 2009, pp. 63-88., Available at SSRN: https://ssrn.com/abstract=2373300

Balazs Majtenyi

Independent ( email )

Andras Pap (Contact Author)

Hungarian Academy of Sciences Centre for Social Sciences Institute for Legal Studies ( email )

Országház u. 30.
Budapest, H-1014
Hungary

Central European University Nationalism Studies Program ( email )

Nador utca 9
Budapest, H-1051
Hungary

Faculty of Humanities, Department for Communications and Media Studies ( email )

Budapest Múzeum krt. 6-8.
Budapest, -- H1088
Hungary

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