Controller of the pension insurance register:
Hungarian State Treasury Centre
Registered office: 1054 Budapest, Hold utca 4.
Postal address: 1909 Budapest
Phone numbers: +36-1-327-3600
Electronic contact information: HERE
Data protection officer’s name: Dr. Bálint Dobai
Postal address: 1909 Budapest
E-mail address: adatvedelem@allamkincstar.gov.hu
Section 55(2)(a) of Act CXXII of 2019 on Entitlements to Social Security Benefits and on Funding These Services (hereinafter Social Insurance Act) provides that the controller of the pension insurance register is the central pension insurance body, and the Hungarian State Treasury Centre has been designated to perform this task.
The bodies managing and processing pension insurance data are the following:
The controller of the pension insurance register is the Hungarian State Treasury, which performs central pension insurance tasks and whose head is obliged, with regard to his responsibility for the protection of citizens' personal data, to take technical and organisational measures and to establish a control system that adequately ensures compliance with data protection requirements. [Section 96 (7) of Act LXXXI of 1997 on Social Security Pension Benefits (hereinafter Social Security Pension Benefits Act)]
In view of the fact that the register is a public register belonging to the national data property, the controller of the pension insurance register may entrust the processing tasks related to the register only to a public administration body or an economic entity wholly owned by the state.
The administrative bodies using pension insurance data are the following:
- the government offices of the capital and the counties (with the exception of the Pest County Government Office),
- the Hungarian State Treasury Centre,
- Pension Payment Directorate of the Hungarian State Treasury
For what purposes can pension insurance bodies manage personal data?
The pension insurance administration bodies shall record the personal data necessary for the performance of their tasks, as defined in Section 96(2) of the Social Security Pension Benefits Act on the use of identification codes and the methods of identification replacing the personal identification number, pursuant to Section 6(2) of Act XX of 1996 on the use of identification codes.
Their tasks primarily include the processing of data on the acquisition of social security rights, the registration of pension insurance declarations and payments, the assessment, payment and control of benefits claimed, which requires the processing of personal data of insured persons, persons applying for benefits and their representatives. The recording of data is necessary for the identification of the applicant of the benefit, for maintaining contact between the applicant and the pension insurance body, for performing official procedures, for assessing, establishing and paying entitlement to the benefit applied for, and for the ongoing verification and checking of entitlement to the benefit in the case of a statutory requirement relating to the particular benefit.
What are the legal basis for pension insurance bodies to manage personal data?
The data managing by pension insurance bodies in connection with the performance of their tasks is not based on consent, but is necessary and obligatory for the fulfilment of the legal obligations applicable to pension insurance bodies, as detailed below.
Pursuant to Section 27 (1) of Act CL of 2016 on the General Administrative Procedure, pension insurance bodies are entitled to obtain and process the natural person identification data of the client and other participants in the procedure, as well as personal data as defined in the Social Security Pension Benefits Act, and other personal data that are indispensable for clarifying the facts.
In addition to the above, pension insurance bodies are obliged by law to keep records of pension insurance activities, and the legal basis for the processing of data in this context is specified in the Social Security Pension Benefits Act.
What personal data can be kept by pension insurance bodies?
The scope of the personal data that may be recorded is defined in Section 96 (2) of the Social Security Pension Benefits Act as follows:
- identification data of natural persons (surname and forename of the natural person, surname and forename at birth, place of birth, date of birth, and the mother's surname and forename at birth),
- marital status, citizenship,
- domicile (place of residence),
- the occupation, job, function, activity,
- data concerning the degree of disability, the degree of health impairment, the state of health, the capacity for occupational activity, the possibility of rehabilitation, and the state of health, where the pension or other benefits are determined by law taking into account the state of health,
- data on earnings, income and contributions deducted and paid,
- data on relatives, where the pension or other benefits are determined by law taking into account the status of the relatives,
- data on the benefits awarded or disbursed,
- the data received from the Hungarian Financial Supervisory Authority and, if transferred to the general government, the amount of payments of returning members,
- in the case of the winding-up of a private pension fund, the data received from the liquidator or liquidators on members returning to the social security pension scheme,
- an individual identifier linked to the identification service to be provided by the Government,
- the identifier linked to the electronic information service (i.e. the official electronic mailbox identifier).
The Hungarian State Treasury may process the tax identification number of the holder of the right to use the tax identification number in order to fulfil its data reporting and other statutory obligations towards the state tax authority and after the termination of the contact code under the consolidation register.
The data on the acquisition of the right are entered in the pension insurance register upon fulfilment of the obligation to notify by the employers or the bodies or persons obliged to notify and upon notification of the tax authority.
If the pension insurance body initiates an administrative procedure on request or on the basis of a statutory provision, it is also entitled to obtain and process the identification data of the natural person client and other participants in the procedure and the personal data specified in the act governing the type of case, as well as other personal data that are indispensable for clarifying the facts.
In order to assess entitlement, the data must be provided by the client on the application form or obtained by the pension insurance body during the verification procedure. The application form may also ask you to provide personal data that you are not obliged to provide, e.g. your telephone number or e-mail address, which can make it easier for us to contact you and accelerate the process.
To which bodies may personal data be transferred?
The rules on transferring data are specified in Section 96 (3)-(6) of the Social Security Pension Benefits Act in detail.
From the data recorded, the pension insurance body may fulfil the following data requests:
- the state tax and customs authority for the purposes of its control tasks
- may request data relating to occupation, workplace, job or activity,
- the state tax and customs authority and the municipal tax authority for the purposes of checking tax liability and establishing and controlling aid
- marital status, nationality,
- place of residence (place of stay),
- the occupation, job, function, activity,
- the degree of disability,
- request information on earnings, income and contributions deducted and paid,
- the bodies (individuals) providing health care may request the following data in order to perform their duties as health care providers:
- marital status, citizenship,
- domicile (place of residence),
- the occupation, job, function, activity,
- degree of disability, degree of health impairment, degree of health condition, occupational capacity to work,
- the asylum authority for the purpose of determining and paying benefits and allowances, verifying entitlement to such benefits and allowances, and verifying the conditions laid down by law and those invoked by the applicant in the asylum procedure
- the occupation, job, function, activity,
- request information on earnings, income and contributions deducted and paid,
- the central financial body of the ministry headed by the minister responsible for defence, for the purpose of data processing for statistical purposes
- place of residence (place of stay),
- in respect of data on relatives, where the pension or other benefits are determined by law taking into account the status of the relatives,
- may request data on the benefits awarded or disbursed,
- the body supporting agriculture and rural development
- marital status, nationality,
- place of residence (place of stay),
- the occupation, job, function, activity,
- request information on earnings, income and contributions deducted and paid,
- for the purposes of health promotion activities of the public health administration
- marital status, nationality,
- place of residence (place of stay),
- the occupation, job, function, activity,
- may request data on the degree of disability, the degree of health impairment, the state of health and the occupational capacity to work,
- the body responsible for the operation of the education register for the purpose of operating the career tracking system
- may request data on occupation, job, function, activity,
- the body designated to operate an electronic ticketing system for public passenger transport services for the purpose of verifying travel benefits for persons in receipt of a travel voucher issued by a pension fund
- may request data on the benefits established or disbursed,
- the body acting in matters relating to artists' allowances, for the purposes of the payment of artists' allowances and verification of entitlement
- place of residence (place of stay),
- the right to request information on the benefits established or paid.