Can I post photos of other people in Hungary?
Only with consent — the Civil Code protects images twice: at the click and at the post. Photos of recognisable people may be made and used (posted, storied) alike only with the subject's consent — consent can be implied (posing, waving at the camera), but in disputes you carry the proof. Two big exceptions: crowd shots (events, streetscapes where individuals appear as part of the mass, not singled out) and public appearances of public figures (politicians on stage) — no permission needed. Practice's minefields: children's photos (parental consent — both parents when separated, and the child's interest overrides), embarrassing or demeaning context (a lawfully taken photo becomes unlawful as a mockery post), and ex-partners' images — sharing intimate footage is a standalone crime. GDPR's household exemption shields the private album, not the public post.
📋 The key rules
- Recognisable people: both making AND using the photo needs consent
- Crowd shots and public appearances: no consent needed
- Implied consent (posing) exists — but you prove it in disputes
- Children's photos: parental consent (both, when separated) + the child's interest
- Demeaning, mocking context: even lawful photos become unlawful when posted
🔓 Exceptions
- Mass events and streetscapes: zooming in on an individual flips it back to consent territory
- Press and newsworthy reporting: portraying current events enjoys wider freedom
- Implied consent (posing) suffices — but it is revocable: take the photo down when asked
⚠️ Penalties
Posting without consent grounds a personality-rights suit: takedown, an injunction and solatium damages — typically six figures in HUF, more for mass sharing, plus legal costs. A demeaning, mocking context aggravates it: even a lawfully taken photo becomes unlawful when used to shame. Sharing intimate images is a standalone crime, and abuse of a child's photo can draw in the guardianship authority. What most people miss: in a dispute you must prove the consent, and a platform takedown does not extinguish liability.
📎 Official sources
- Civil Code (Act V of 2013) — image and audio rights (HU) →
- Hungarian Courts · Photos and recordings: when and how (HU) →
- Data Protection Authority (NAIH) · Guidance and practice (HU) →
❓ Frequently asked questions
Can I post the group party photo?
If everyone knew a photo was being taken and went along with it (posed, did not object), implied consent holds. But take it down when someone asks: consent is revocable, and refusing the takedown is what turns the post unlawful.
Can I post a stranger photographed on the street?
Not singled out and recognisable — a streetscape passes as a crowd shot, but an image focused or zoomed in on the individual is unlawful without consent. The shaming, pillory-style post falls squarely here and can cost solatium damages.
Can I post a photo showing my child's classmates?
You decide for your own child, their parents for the others — so with class photos, ask the parents concerned or blur the other children. Where parents live apart, even your own child's photo needs both parents' consent.
What if someone posted me without permission?
Demand takedown and document the request, report it on the platform, and if it stays up, pursue a personality-rights claim: formal notice, then suit with solatium damages. For intimate images, skip the notice and file a police report.
Does GDPR's household exemption cover posting to friends only?
No — the household exemption shields the private album and narrow family sharing, not a public or broadly shared post. The Civil Code's image protection applies regardless: the absence of consent alone grounds the claim.
🔎 What people actually search
Real search phrases for this topic.
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