Hungary
Name of law: Act CXII of 2011On Informational Self-determination and Freedom of Information
First adopted: 1992
Last modified: n/a
RTI Rating last updated: 2011-08
First adopted: 1992
Last modified: n/a
RTI Rating last updated: 2011-08
Introduction
The Hungarian law concerning the right to information is of average strength. Its main strength is its broad scope, for which it obtains a near-perfect score. It also has a relatively strong system of appeals, although the administrative oversight body is not very independent. However, weak procedures, such as a requirement to provide too much information when making a request, no obligation to assist requesters or to provide a receipt for requests, undermine the law. The regime of exceptions allows other laws to override disclosure, many exceptions are not harm-tested and there is no public interest override. There are also no sanctions at all for obstruction of access or protections for good faith disclosures.
The law is also available in its Hungarian original here.
Local Expert: Tivadar Huttl
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 1 | 6 |
| 2 | Scope | 29 | 30 |
| 3 | Requesting Procedures | 13 | 30 |
| 4 | Exceptions & Refusal | 12 | 30 |
| 5 | Appeals | 20 | 30 |
| 6 | Sanctions & Protections | 0 | 8 |
| 7 | Promotional Measures | 9 | 16 |
| ∑ = 84 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | Partially | 1 | [Constitution of Hungary] Article VI: (2) Everyone shall have the right to the protection of his or her personal data, as well as to access and disseminate data of public interest. (3) The application of the right to the protection of personal data and to access data of public interest shall be supervised by an independent authority established by a cardinal Act. | One point given because limited to "data of public interest". Link to the Constitution of Hungary (English version) here. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | NO | 0 | N/A | Not mentioned. |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | NO | 0 | N/A | Not mentioned. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | Article 26(1) Bodies or individuals undertaking state or local government duties, as well as other duties defined in the relevant legislation (hereinafter jointly referred to as body undertaking public duties) must be ensured the opportunity to provide access to data of public interest and data public on grounds of public interest to anyone requesting such data under their control, with the exception of cases defined within the scope of the present Act. Article 28(1) Requests for accessing data of public interest may be made verbally, submitted in writing or electronically by anyone. | |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 5. Data of public interest: information or data other then personal data registered in any mode or form concerning activities undertaken and controlled by the body or individual carrying out state or local government responsibilities, as well as other public duties defined in relevant legislation, regardless of their mode of control, independent or collective nature; therefore, with special regard to data concerning the scope of authority, competence, organisational structure, professional activity and evaluation equally encompassing its effectiveness, the type of data held and legislation regulating operation, as well as data concerning financial management and concluded contracts. Article 6. Data public on grounds of public interest: data other than data of public interest, the disclosure of or the access to which is provided for by the law, in the public interest. | |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | Article 5. Data of public interest: information or data other then personal data registered in any mode or form concerning activities undertaken and controlled by the body or individual carrying out state or local government responsibilities, as well as other public duties defined in relevant legislation, regardless of their mode of control, independent or collective nature; therefore, with special regard to data concerning the scope of authority, competence, organisational structure, professional activity and evaluation equally encompassing its effectiveness, the type of data held and legislation regulating operation, as well as data concerning financial management and concluded contracts. Article 6. Data public on grounds of public interest: data other than data of public interest, the disclosure of or the access to which is provided for by the law, in the public interest. | |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 2(1) The scope of the present Act encompasses all data control and data processing activities undertaken in Hungary relating to the data of natural persons, as well as data of public interest and data public on grounds of public interest. Article 3(5) Data of public interest: information or data other then personal data registered in any mode or form concerning activities undertaken and controlled by the body or individual carrying out state or local government responsibilities, as well as other public duties defined in relevant legislation, regardless of their mode of control, independent or collective nature; therefore, with special regard to data concerning the scope of authority, competence, organisational structure, professional activity and evaluation equally encompassing its effectiveness, the type of data held and legislation regulating operation, as well as data concerning financial management and concluded contracts. | |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | Article 2(1) The scope of the present Act encompasses all data control and data processing activities undertaken in Hungary relating to the data of natural persons, as well as data of public interest and data public on grounds of public interest. Article 3(5) Data of public interest: information or data other then personal data registered in any mode or form concerning activities undertaken and controlled by the body or individual carrying out state or local government responsibilities, as well as other public duties defined in relevant legislation, regardless of their mode of control, independent or collective nature; therefore, with special regard to data concerning the scope of authority, competence, organisational structure, professional activity and evaluation equally encompassing its effectiveness, the type of data held and legislation regulating operation, as well as data concerning financial management and concluded contracts. | |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Article 3(5) Data of public interest: information or data other then personal data registered in any mode or form concerning activities undertaken and controlled by the body or individual carrying out state or local government responsibilities, as well as other public duties defined in relevant legislation, regardless of their mode of control, independent or collective nature; therefore, with special regard to data concerning the scope of authority, competence, organisational structure, professional activity and evaluation equally encompassing its effectiveness, the type of data held and legislation regulating operation, as well as data concerning financial management and concluded contracts. | |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 26(1) Bodies or individuals undertaking state or local government duties, as well as other duties defined in the relevant legislation (hereinafter jointly referred to as body undertaking public duties) must be ensured the opportunity to provide access to data of public interest and data public on grounds of public interest to anyone requesting such data under their control, with the exception of cases defined within the scope of the present Act. | |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 26(1) Bodies or individuals undertaking state or local government duties, as well as other duties defined in the relevant legislation (hereinafter jointly referred to as body undertaking public duties) must be ensured the opportunity to provide access to data of public interest and data public on grounds of public interest to anyone requesting such data under their control, with the exception of cases defined within the scope of the present Act. | |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Article 26(1) Bodies or individuals undertaking state or local government duties, as well as other duties defined in the relevant legislation (hereinafter jointly referred to as body undertaking public duties) must be ensured the opportunity to provide access to data of public interest and data public on grounds of public interest to anyone requesting such data under their control, with the exception of cases defined within the scope of the present Act. | |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 0 | 30(6) The body undertaking public duties shall compile regulations setting out the rules of procedure for fulfilling requests aimed at accessing data of public interest. | The procedures for requests are to be developed by each public authority and the law fails to set any conditions for this so we do not know if reasons would be required by some public authorities, but this seems quite likely. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | Partially | 0 | Article 30(6) The body undertaking public duties shall compile regulations setting out the rules of procedure for fulfilling requests aimed at accessing data of public interest. | The law does not specify the requirements. Each body should decide the rules for accessing information. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | Article 28(1) Requests for accessing data of public interest may be made verbally, submitted in writing or electronically by anyone. | |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | YES | 2 | Article 30(2) Data requests must be satisfied in a clear manner and in a mode and through the use of the technical instrument specified by the applicant, should the body controlling the data of public interest be easily able to do this. If the data requested was electronically disclosed at an earlier date, the request can be also satisfied by indicating the public source containing the given data. Requests for data cannot be rejected by claiming that they cannot be properly satisfied. | |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | Article 29(1) The body undertaking public duties controlling the data shall satisfy the requirements relating to accessing data of public interest within the shortest possible space of time, but within a maximum period of 15 days. | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | YES | 2 | Article 29(1) The body undertaking public duties controlling the data shall satisfy the requirements relating to accessing data of public interest within the shortest possible space of time, but within a maximum period of 15 days. | |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | YES | 2 | Article 29(2) The deadline set in subsection (1) may be extended once by 15 days should the request for data concern an extensive and large volume of data. The applicant must be notified of this within a period of eight days following the receipt of the request. | |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | Partially | 2 | Article 33(1) Access to data defined as data of public interest pursuant to the present Act must be ensured free of charge in digital format on internet websites for anyone interested, without disclosing any personal ID data or applying restrictions, in printable format ensuring the opportunity to copy parts of the text without data loss or distortion, enabling the document to be viewed, copies to be downloaded and printed, as well as network data transfer (hereinafter electronic disclosure). Access to the data disclosed cannot be subject to the disclosure of personal data. | |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | Article 29(3) The applicant is entitled to receive a copy of the documents or document section containing the data regardless of its mode of storage. The body undertaking public duties controlling the data is entitled to charge a fee for making the copies - which fee shall be aligned to costs arising in connection with copying - of which the applicant must be notified before the request is processed. (4) Should the document or document section of which a copy has been requested be large, copying requests shall be fulfilled within a period of 15 days after the payment of the fee charged. The applicant must be notified of the large size of the document or document section of which a copy was requested, the fee charged, as well as options in which case copying is not needed to satisfy data requirements within a period of eight days following the receipt of the request. (5) The relevant legislation regulates cost items and the highest value of these taken into account when setting fee rates, as well as criteria to be applied to determine the large volume of the document of which a copy was requested. | 20 pages are not free of charge. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Article 27(2) Right to access data of public interest and data public on grounds of public interest may - by specifying the type of data - be restricted by law (a) in the interest of national defence; (b) in the interest of national security; (c) to prosecute or prevent offences; (d) in the interest of environmental protection or nature preservation; (e) in the interest of central financial and exchange rate policy; (f) in regard to foreign relations and relations with international organisations; (g) in regard to legal or administrative proceedings; (h) in regard to intellectual property rights. (3) The relevant provisions set out in the Civil Code regulate access to business secrets. (4) Access to data of public interest may be restricted on the grounds of EU contractual clauses in regard to major financial or economic policy interests of the European Union, equally including interests pertaining to monetary, budgetary and tax policies. | The law includes two exceptions that are not in line with international standards: (3) The relevant provisions set out in the Civil Code regulate access to business secrets. (4) Access to data of public interest may be restricted on the grounds of EU contractual clauses in regard to major financial or economic policy interests of the European Union, equally including interests pertaining to monetary, budgetary and tax policies. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Article 30(5) Should the relevant legislation facilitate the opportunity for the controller to consider rejecting the fulfilment of the request to access data of public interest, a narrow interpretation must be applied to such a rejection and the fulfilment of the request aimed at accessing data of public interest may be rejected should the gravity of the public interest serving as a basis for rejection supersede the public interest relating to the fulfilment of the request to access data of public interest. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | Article 30(1) Should the document containing data of public interest also contain data that cannot be disclosed to the individual requesting the document, such data which cannot be disclosed must be made unrecognisable in the copy. | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | Article 30(3) The applicant must be notified of the rejection, the reasons for the rejection, as well as information on legal redress options the individual is entitled to pursuant to the present Act in writing, or electronically should the request have been submitted via email, within a period of eight days. [...] | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 52(1) Anyone is entitled to request an investigation from the Authority, on the grounds of infringement of law, in connection with the control of personal data, as well as exercising rights relating to access to data of public interest or data public on grounds of public interest, or in the event of such immediate threat to the above. Article 31(3) Litigation must be launched against the body undertaking public duties within a period of 30 days following the announcement of the rejection of the request, the expiry of the deadline which was inconclusive and the expiry of the deadline set for paying the fee charged. Should it be in the interests of the applicant to request an investigation of the Authority due to the rejection of the request, its non-fulfilment or the fee charged for making a copy and the applicant declares this to the Authority, litigation concerning the refusal to effectively assess this submission, termination of the assessment procedure may be launched within a period of 30 days following the receipt of the notification on termination specified in Section 55(1)(b) or notification specified in Section 58(3). Justification must be provided should the deadline period available for launching litigation expire. (4) Persons normally not having the capacity to be a party to legal proceedings may also be parties to the litigation. The Authority is entitled to intervene in the proceedings in favour of the applicant. Article 38(1) The Authority shall be an autonomous state administration organ. (2) The task of the Authority shall be to supervise and promote the enforcement of the right to the protection of personal data, and of the right to access to data of public interest or to data public on grounds of public interest. (3) In the performance of its tasks pursuant to subsection (2) and to the provisions laid down in this Act, the Authority (a) shall conduct investigations on the basis of reports; (b) may conduct ex officio data protection procedures; (c) may conduct ex officio procedures for the supervision of classified data; (d) may institute legal proceedings for infringements relating to access to data of public interest or to data public on grounds of public interest; (e) may intervene in legal proceedings initiated by others; (f) shall keep a data protection register. (4) In the performance of its tasks pursuant to subsection (2), the Authority (a) may put forward proposals for the making or amendment of rules of law affecting the processing of personal data or affecting access to data of public interest or to data public on grounds of public interest, and shall give an opinion on the draft rules of law affecting its tasks; (b) shall publish an annual report on its activities by 31 March of the calendar year and submit the report to Parliament; (c) shall issue general recommendations and recommendations for specific controllers; (d) shall provide recommendations relating to special and/or individual publication lists to be published pursuant to this Act in connection with the activities of organs performing public tasks; (e) shall represent Hungary, in cooperation with the organs or persons specified in an Act, in the joint data protection supervisory bodies of the European Union; (f) shall organise the conferences of internal data protection officers; (g) shall define the professional criteria for data protection auditing; (h) may conduct data protection audits at the request of controllers. (5) The Authority shall be independent, subordinated only to Acts; it may not be given instructions as to the performance of its tasks, and shall perform its tasks separately from other organs, free of any outside influence. Tasks for the Authority may only be established by an Act. | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | Article 38(5) The Authority shall be independent, subordinated only to Acts; it may not be given instructions as to the performance of its tasks, and shall perform its tasks separately from other organs, free of any outside influence. Tasks for the Authority may only be established by an Act. Article 39(1) The Authority shall be a central budgetary organ with the powers of a budgetary chapter, and its budget shall constitute an independent title within the budgetary chapter of Parliament. | |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Article 54(1) During the investigation, the Authority is entitled to (a) inspect all documents controlled by the controller under review and associated with the given case, or request copies of these; (b) acquire knowledge of data control activities associated with the case under review and enter the premises where control activities are undertaken; (c) request verbal or written information from the controller under review, as well as from any employee of the controller, (d) request information in writing from any organisation or individual associated with the case under review, and (e) request that the head of the supervisory body of the data control authority carry out an investigation. | |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | Article 54(2) Pursuant to the request made by the Authority in accordance with subsection (1), the controller under review, or other concerned organisation or individual shall be obliged to fulfil requests made by the Authority within the deadline period set by the Authority. The deadline period defined by the Authority may not be less than 15 days in cases defined in subsections (1)(d) and (e). | |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | Article 54(1) During the investigation, the Authority is entitled to (a) inspect all documents controlled by the controller under review and associated with the given case, or request copies of these; (b) acquire knowledge of data control activities associated with the case under review and enter the premises where control activities are undertaken; (c) request verbal or written information from the controller under review, as well as from any employee of the controller, (d) request information in writing from any organisation or individual associated with the case under review, and (e) request that the head of the supervisory body of the data control authority carry out an investigation. | |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 31(1) The applicant is entitled to turn to the courts should the deadline period open for the rejection or fulfilment of the request for access to data of public interest, or the deadline extended by the controller in accordance with Section 29(2) expire and become inconclusive, and in addition is entitled to review the fee charged for making a copy, should this fee not yet have been paid. | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | Article 52(4) The Authority shall conduct the investigation free of charge; the Authority shall advance and bear the costs of the procedure. | |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 31(1) The applicant is entitled to turn to the courts should the deadline period open for the rejection or fulfilment of the request for access to data of public interest, or the deadline extended by the controller in accordance with Section 29(2) expire and become inconclusive, and in addition is entitled to review the fee charged for making a copy, should this fee not yet have been paid. | |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Article 31(3) Litigation must be launched against the body undertaking public duties within a period of 30 days following the announcement of the rejection of the request, the expiry of the deadline which was inconclusive and the expiry of the deadline set for paying the fee charged. Should it be in the interests of the applicant to request an investigation of the Authority due to the rejection of the request, its non-fulfilment or the fee charged for making a copy and the applicant declares this to the Authority, litigation concerning the refusal to effectively assess this submission, termination of the assessment procedure may be launched within a period of 30 days following the receipt of the notification on termination specified in Section 55(1)(b) or notification specified in Section 58(3). Justification must be provided should the deadline period available for launching litigation expire. | |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | YES | 2 | Article 31(1) The applicant is entitled to turn to the courts should the deadline period open for the rejection or fulfilment of the request for access to data of public interest, or the deadline extended by the controller in accordance with Section 29(2) expire and become inconclusive, and in addition is entitled to review the fee charged for making a copy, should this fee not yet have been paid. (2) The controller is required to prove the legal grounds of rejection and its underlying reasons and the substantiation of the sum of the fee charged for making a copy. | |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | Article 54(1) During the investigation, the Authority is entitled to (a) inspect all documents controlled by the controller under review and associated with the given case, or request copies of these; (b) acquire knowledge of data control activities associated with the case under review and enter the premises where control activities are undertaken; (c) request verbal or written information from the controller under review, as well as from any employee of the controller, (d) request information in writing from any organisation or individual associated with the case under review, and (e) request that the head of the supervisory body of the data control authority carry out an investigation. | |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 38(2) The task of the Authority shall be to supervise and promote the enforcement of the right to the protection of personal data, and of the right to access to data of public interest or to data public on grounds of public interest. | |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 38(3) In the performance of its tasks pursuant to subsection (2) and to the provisions laid down in this Act, the Authority [...] (d) may institute legal proceedings for infringements relating to access to data of public interest or to data public on grounds of public interest; (e) may intervene in legal proceedings initiated by others; [...] | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 33(2) Should it not otherwise be regulated by law, the following organisations shall publish the data defined in disclosure lists specified under Section 37 on their respective websites: (a) Office of the President of the Republic of Hungary, Office of the National Assembly, Office of the Constitutional Court, Office of the Commissioner for Basic Rights, State Audit Office of Hungary, Hungarian Academy of Sciences, Hungarian Academy of Arts, National Council of Justice of Hungary, Office of the Prosecutor General; (b) state public administration body with the exception of the Government Committee, as well as the national chamber and (c) regional public administration body of the Government with general scope of authority. (3) Bodies undertaking public duties not listed in subsection (2) may also fulfil electronic disclosure obligations set out in Section 37 by disclosing data on a central website either operated alone or in conjunction with associated bodies - as they so choose - maintained by bodies undertaking their supervision, professional management or coordination in connection with their operation and set up for this specific purpose. (4) Should the public education institution not undertake national or regional responsibilities, electronic disclosure obligations set put in the present Act are fulfilled by supplying data to information systems defined under sectoral legislation. | |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 59(1) The Authority shall compile a report on the investigation carried out on the grounds of the claim made, if the Authority did not launch administrative or legal proceedings. (2) This report shall include facts exposed during the course of the investigation, as well as findings made and conclusions drawn on the basis of these. (3) The report compiled by the Authority is public. The president of the Authority is entitled to classify reports containing classified information, or repeatedly classify this information as classified. The report containing classified information or confidential information protected by law must be disclosed in such a way that the classified information or other confidential information protected by law cannot be recognised. (4) Reports compiled for the Authority about investigations carried out in connection with these activities by bodies authorised to use intelligence instruments and methods may not contain data on which grounds it would be possible to deduce the confidential information collection activity of the body carried out in respect of the case. (5) The report issued by the Authority cannot be contested in court or with any other authorities. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | YES | 2 | [Constitution of Hungary] Article 30(4) The Commissioner for Fundamental Rights shall present to Parliament an annual report on his or her activities. |
