Hungarian Civil Liberties Union www tasz hu dm
Hungarian Civil Liberties Union www. tasz. hu Ádám Földes Overview of FOI Litigation in Hungary
Legal sources • Constitution • Act 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) • Act LXV of 1995 on State and Official Secrets • Act XC of 2005 on Electronic Freedom of Information • Regulations in sectoral laws (e. g. Act on Police) • Decisions of the Constitutional Court (since 1990) • Practice of the Data Protection Commissioner • „Precedents” • 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 but legally not binding! • lawsuit - decision legally binding! • usually there is no judicial review • there is appeal • no deadlines for the Commissioner • out of turn procedure • he can investigate not bound to the complaint • only the petition can be examined
Data Protection Court Commissioner • 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
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