The Hungarian Data Protection Authority (Nemzeti Adatvédelmi és Információszabadság Hatóság, NAIH) has recently published its annual report in which it presented a case where the Authority imposed the highest fine to date of ca. EUR 670,000 (HUF 250 million).
The case involved the personal data processing of a bank (acting as a data controller) which automatically analysed the recorded audio of customer service calls. The bank used the results of the analysis to determine which customers should be called back by analysing the emotional state of the caller using an artificial intelligence-based speech signal processing software that automatically analysed the call based on a list of keywords and the emotional state of the caller. The software then established a ranking of the calls serving as a recommendation as to which caller should be called back as a priority.
In the course of the procedure before the Authority it became evident from the statements of the bank that for years it had failed to provide to the data subjects proper notice and the right to object, because it had determined that it is not able to do so. The Authority emphasised that the only lawful legal basis for the processing activity of emotions-based voice analysis can only be the freely given, informed consent of the data subjects