Hungary: DPA guidance on recording customer telephone calls
Businesses operating customer telephone services may need to review their practices and internal procedures to ensure compliance with recent guidance by the Hungarian Data Protection Supervisory Authority (DPA).
The DPA issued its opinion on the legitimacy of customer telephone services which record incoming calls, following a number of complaints and questions received from citizens.
Phone calls can only lawfully be recorded with the callers' informed, unambiguous and voluntary consent or where permitted by:
- the Electronic Communications Act, which requires e-communications service providers to record customer complaints
- the Consumer Protection Act, which requires the recording of customer complaints made to public utility suppliers, financial and insurance institutions and pension funds
The DPA's opinion states that, as well as having authority by law or consent anyone recording voice data should:
- ensure that the purpose of the recording and the legitimate interests of both caller and recipient is clearly explained to the participants
- make clear the particular right or obligation being performed which makes the recording indispensable
- provide customers free of charge with the recording (or a copy) on request (with no discretion not to do so), and not merely a minute of the recordings they have taken
- not release the recording to any unauthorised third party
Laws: Act LXIII of 1992 on the Protection of Personal Data; Act CLV of 1997 on Consumer Protection; Act C of 2003 on Electronic Communications
