Hungarian Civil Liberties UnionHungarian Civil Liberties Unionwww.tasz.hu

Ádám Földes

Overview of FOI Litigation in Hungary

Legal sourcesLegal sources• ConstitutionConstitution• Act LXIII of 1992 on the Protection of Personal Data Act LXIII of 1992 on the Protection of Personal Data

and Public Access to Data of Public Interestand Public Access to Data of Public Interest• Aarhus Convention Aarhus Convention (implemented by Act LXXXI of 2001)(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 Regulations in sectoral laws (e.g. Act on Police)(e.g. Act on Police)

• Decisions of the Constitutional Court Decisions of the Constitutional Court (since 1990)(since 1990)

• Practice of the Data Protection Practice of the Data Protection CommissionerCommissioner• „„Precedents”Precedents” • EU law, Strasbourg cases… EU law, Strasbourg cases…

Types of dataTypes of data

• Personal data

• Data of public interest

• Data public on grounds of public interest

Data Protection Data Protection Court Court CommissionerCommissioner• statements, statements, recommendations recommendations (must be (must be answered)answered), consultations, consultations but legally not binding!but legally not binding!

• usually there is no judicial usually there is no judicial reviewreview

• no deadlines for the no deadlines for the CommissionerCommissioner

•he can investigate not he can investigate not bound to the complaintbound to the complaint

• lawsuit - decisionlawsuit - decision

legally binding!legally binding!

• there is appealthere is appeal

• out of turn procedureout of turn procedure

• only the petition can be only the petition can be examinedexamined

• 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 Data Protection Court Court CommissionerCommissioner