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
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: Suggested Citation