Hungarian Civil Liberties Union Hungarian Civil Liberties Union www.tasz.hu Ádám Földes Overview of FOI Litigation in Hungary.

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Presentation transcript:

Hungarian Civil Liberties Union Hungarian Civil Liberties Union Ádám Földes Overview of FOI Litigation in Hungary

Legal sources ConstitutionConstitution Act LXIII of 1992 on the Protection of Personal Data and Public Access to Data of Public InterestAct LXIII of 1992 on the Protection of Personal Data and Public Access to Data of Public Interest Aarhus Convention (implemented by Act LXXXI of 2001)Aarhus Convention (implemented by Act LXXXI of 2001) Act LXV of 1995 on State and Official SecretsAct LXV of 1995 on State and Official Secrets Act XC of 2005 on Electronic Freedom of InformationAct XC of 2005 on Electronic Freedom of Information Regulations in sectoral laws (e.g. Act on Police)Regulations in sectoral laws (e.g. Act on Police) Decisions of the Constitutional Court (since 1990)Decisions of the Constitutional Court (since 1990) Practice of the Data Protection CommissionerPractice of the Data Protection Commissioner „Precedents”„Precedents” EU law, Strasbourg cases…EU law, Strasbourg cases…

Types of data Personal data Data of public interest Data public on grounds of public interest

Data Protection Court Commissioner statements, recommendations (must be answered), consultations statements, recommendations (must be answered), consultations but legally not binding! but legally not binding! usually there is no judicial review usually there is no judicial review no deadlines for the Commissioner no deadlines for the Commissioner he can investigate not bound to the complainthe can investigate not bound to the complaint lawsuit - decisionlawsuit - decision legally binding! there is appealthere is appeal out of turn procedureout of turn procedure only the petition can be examinedonly the petition can be examined

when judicial proceedings are already pending concerning the case in question the Commissioner can not initiate an investigation both procedures are free of charge (regarding the court and the Commissioner) although there are costs follow the event at the lawsuits Data Protection Court Commissioner