Regarding the history of the case it is important to note that in April 2014 the Court of Justice of the European Union (CJEU) declared invalid the Data Retention Directive that unified the time frame of the retention of selective data by Internet and telephone services and determined the accessibility of data by authorities in the member states. According to the decision, the directive had exceeded the limits of proportionality concerning the right to privacy and protection of personal data, as it failed to establish guarantees that counterweigh such limitations. Despite the annulment of the directive, the Hungarian act allowing data retention still remained in force. The Hungarian Civil Liberties Union (HCLU) started litigation against Telenor in order to force the Hungarian Constitutional Court (CC) to repeal the unlawful act.
In April 2014 the Court of Justice of the European Union (CJEU) declared invalid the Data Retention Directive that unified the rules of the retention of selective data by Internet and telephone services and determined the accessibility of data by authorities in the member states. Despite the content of the judgment, the Hungarian act allowing data retention is still in force. In October, 2014 the HCLU started litigation against two major service providers in order to force the Hungarian Constitutional Court (CC) to repeal the unlawful act.
Two actions were launched by the HCLU regarding the right to peaceful assembly in December, 2013. Both actions concern to the same problem: lockdown of a public area around the Prime Minister's residence. In the first case, the police dispersed an ongoing peaceful demonstration on the grounds of closing off the area, for which the organizer filed a claim against the police with the help of HCLU. In the other case, another demonstration planned by the same organizer at the same venue was banned by the court, which was then challenged before the Constitutional Court. Both decisions are ill-unfounded and misinterpret the constitutional limitations of the right to protest.