Az adatvédelem alapjogi és magánjogi természete

The dual nature of data protection is most evident in the case of consent to processing personal data. The consent may be an expression of the right to informational selfdetermination, thus exercise of a fundamental right, on the other hand, the consent may be a civil law legal statement. Ultimately the nature of the consent affects who is entitled to give consent and under what conditions consent can be given. This paper shows the legal sources of data protection and its highly mixed nature. I also present the views expressed in the German literature on the nature of consent to processing of personal data and illustrate important findings from Hungarian case law on the assessment of consent to the processing of personal data in judicial practice. When a Hungarian court applies the Civil Code in resolving a legal dispute, it is important to examine whether it enforces the right to the protection of personal data as a fundamental right within the framework of a civil law relationship with an absolute structure. By examining the jurisprudence of the Hungarian courts, the paper deals with whether the right to the protection of personal data as a right of personality prevails in the horizontal legal relationship, while the right to informational self-determination as a fundamental right prevails in the vertical legal relationship.