GIODO

Data Protection Commissioner Hungary

Contents:

The legal ground for the protection of personal data in Hungary
The legal position of the Data Protection Commissioner
The legal rights of the Commissioner
The limitations of the Commissioner's authority
Contact

1. The legal grounds for the data protection in Hungary

The amendment of the Constitution of the Hungarian Republic, promulgated on October 23, 1989, included the right to the protection of personal data at constitutional level: the first country in Central and Eastern Europe to do so (Section 59).



	The Constitution of the Republic of Hungary Article 59. (1) In the Republic of Hungary everyone has the right to the good standing of his reputation, the privacy of his home and the protection of secrecy in private affairs and personal data. (2) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the secrecy of personal data

On April 13, 1991 in its Resolution No. 15/1991 (IV. 13.), the Constitutional Court declared the unlimited use of the personal identification number unconstitutional and in addition annulled the whole legislation relating to population registration. In consequence of this resolution made in the absence of relevant legislation, many legal institutions connected to the protection of personal data were incorporated into the legal system (e.g. the finality of the data handling). The protection of personal data was reinterpreted by the resolution as self-determination (right to informational self-determination) to be distinguished from the right to protection which had depended up to then upon the services provided by the State. After a long debate the Act No. LXIII of 1992 was promulgated on November 17, 1992 on the Protection of Personal Data and Disclosure of Data of Public Interest (hereinafter: DP&FOIA)

2. The legal position of the Data Protection Commissioner

According to the fourth chapter of the DP&FOIA the Parliament shall elect a parliamentary commissioner for data protection from among Hungarian citizens with university degree, with clean record, with excellent academic knowledge or with at least 10 years of professional practice, who are of experience in conducting and supervising proceedings in order to protect the constitutional rights to protection of personal data and to disclosure of data of public interest. Subject to the exceptions made by DP&FOIA, the Data Protection Commissioner shall governed by the provisions of the Act on Parliamentary Commissioner for Citizen's Rights.

The Commissioner enjoys independence. He or she shall be elected by a majority of two-thirds of the votes of the Members of Parliament, based on the recommendation made by the President of the Republic. The Commissioner is elected for a period of six years (regular parliamentary elections are held in every fourth year in Hungary).

3. The legal rights of the Commissioner

The duties of the Commissioner are determined principally by the DP&FOIA. The Commissioner

observes the implementation of the DP&FOIA and other legal rules on data
examines the complaints lodged with him
ensures the maintenance of the data protection register
monitors the existence of conditions for the protection of personal data and for the publicity of data of public interest
gives opinions on draft legislation concerning data protection and freedom of information
may initiate a decrease or an increase in categories of data classified as state or official secrets.

Anyone may apply to the Data Protection Commissioner in case of violation of his or her rights, or of a direct danger thereof, concerning the process of his or her personal data or his or her access to data of public interest. No one shall suffer any prejudice on grounds of his or her application to Data Protection Commissioner. The applicant shall have the same protection as the persons submitting petitions of public interest, it means that the pursuit of the applicant is an indictable offense.

In exercising his or her functions the Data Protection Commissioner

may request the data controller to furnish him information on any matter
may inspect any documents and records likely to bear on personal data or data of public interest.
may enter any premises where data are processed.

State and official secrets shall not prevent the Data Protection Commissioner from exercising his or her rights stated above, but the provisions on secrecy shall bind him or her as well. In cases affecting state or official secrets the Data Protection Commissioner shall exercise his or her rights in person or by way of those members of his or her staff, who passed national security control on the Commissioner's initiative. If the Commissioner identifies an unlawful data handling, he may instruct the controller to cease his activities. If the data controller does not meet this, the Commissioner may inform the general public of the fact of the data handling, the identity of the data controller, and the categories of data handled.

4. Limitations of the Commissioner's authority

The limitations of the Commissioner's authority The DP&FOIA and the Act on Parliamentary Commissioner for Citizen's Rights contain some limitations for the Commissioner's sphere of authority:

The Commissioner shall not deal with complaints if the particular case is in the course of judicial procedure.
The right of investigation of the Commissioner shall extend to proceedings
instituted after October 23, 1989.
If a non-appealable resolution has been in the matter, the Commissioner can be
applied to with a petition within one year of the communication thereof.

The Data Protection Commissioner is not an authority in the proper sense of this word, he or she may initiate, publish recommendations, these statements are not binding on the data controllers. Their only obligation is to inform the Commissioner within thirty days of receipt the statement of their standpoint on the merits of the statement and /or the measure taken.

5. Contact

Office of the Parliamentary Commissioner for Data Protection and Freedom of Information

1051 Budapest
Nádor u. 22.
Hungary

Phone:	+36 1 475 71 86
Fax:	+36 1 269 35 41
e-mail:	adatved@obh.hu
web sites:	www.obh.hu

The administrator of this web site is:
Inspector General for the Protection of Personal Data
ul. Stawki 2; PL-00-193 Warszawa
Phone: +48 22 8607081, Fax: +48 22 8607090