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Overview of FOI Litigation in Hungary: Legal Framework and Mechanisms"Investigating Data Access Laws

Explore the legal sources and mechanisms surrounding Freedom of Information (FOI) litigation in Hungary, including relevant acts, European laws, and Commissioner's practices. Understand the types of data, procedures, and judicial review limitations in FOI cases.

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Overview of FOI Litigation in Hungary: Legal Framework and Mechanisms"Investigating Data Access Laws

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  1. Hungarian Civil Liberties Unionwww.tasz.hu Ádám Földes Overview of FOI Litigation in Hungary

  2. 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…

  3. Types of data • Personal data • Data of public interest • Data public on grounds of public interest

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

  5. 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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