GDPR: The Achilles' Heel of Propagandists
Due to the increasingly harsh public discourse and the media's role in often serving political orders, anyone can find themselves in the crosshairs of propaganda at any time. Taking action against smear campaigns coordinated from the highest levels of power or initiated by local strongmen requires determination and resources. Effective legal enforcement necessitates identifying the strongest legal tool. When faced with communications that violate personal rights, we typically consider classic legal remedies: civil lawsuits for personality rights violations, press corrections and subsequent litigation for media content, or—if emotions run high—criminal complaints for defamation. These procedures can be effective and, in some cases, entirely justified.
However, for truly effective action, it is worth assessing the legal situation through the lens of the General Data Protection Regulation (GDPR). The GDPR provides a highly effective tool for combating defamatory content. Any publication about us—whether online or in print—inevitably involves data processing. This means that the GDPR’s data protection mechanisms become immediately applicable.
In simple terms, the key step is to submit a carefully drafted letter with appropriate legal references, objecting to the data processing. It is crucial to demonstrate how the published content (and the act of data processing itself) negatively affects our privacy.
The protection of privacy extends to taking action against disclosures that qualify as personal data and harm an individual's social reputation. (It is advisable to seek legal representation even at this stage.)
The person responsible for the content can only avoid legal consequences if they can prove an overriding legitimate interest in publishing it. This is a higher standard than what civil, criminal, or press law requires. In cases of deliberate lies or the disclosure of data that clearly relate to private life—such as information about health, family, or sexual life, which are unrelated to public roles or matters of public interest—it is difficult to conceive of a compelling legitimate interest that could justify such publication. GDPR-based legal enforcement can be successful even if the information is factually true, and the success of the claim does not depend on whether the content is defamatory. If data processing is unlawful, we have the right to request the deletion of our personal data.
The enforcement of data protection rights is not limited to ex post remedies but can also be exercised preventively. A well-drafted data processing warning or a preemptive legal action can prevent the unlawful use of personal data for defamatory purposes.
The provisions of the GDPR are binding not only in Hungary but throughout the entire European Union. This means that the removal of unlawful content and the protection of data subjects’ rights can be enforced even through the authorities of other Member States.
Numerous precedents demonstrate that foreign media outlets and social media platforms are also obliged to comply with data protection claims if a data subject objects and requests the deletion of their personal data.
Another advantage of the GDPR approach is that related litigation is free of court fees, significantly reducing the financial risk of legal action. Moreover, as long as the content remains accessible, the legal claim remains valid. In contrast, civil claims are subject to statutes of limitations, and criminal complaints must be filed within just 30 days.
A GDPR claim can also include financial compensation in the form of non-material damages (moral damages). Additionally, individuals can initiate a regulatory procedure before the National Authority for Data Protection and Freedom of Information (NAIH), which can impose fines reaching millions of forints in cases of serious violations. This is particularly noteworthy because government propaganda outlets rarely comply with civil court rulings, often refusing to remove unlawful content or publish corrections. However, the prospect of repeatedly imposing a multimillion-forint data protection fine could shake even the most zealous propagandists' resolve.
Of course, GDPR tools can be misused, and influential individuals sometimes attempt to weaponize them against legitimate journalistic activities.
The enforcement of data protection rights is becoming an increasingly complex field, as both legal and technical aspects are intricate. Our attorneys, who have extensive experience in data protection and media law, can effectively draft objections, initiate legal proceedings if necessary, and represent the data subject in proceedings before data protection authorities. At the HMP Legal Association, we stand for the protection of privacy when propagandists target you or your loved ones!
Read Tivadar Hüttl’s academic paper on the topic!