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Parliamentary Commissioner
for Data Act No LXIII of 1992 CHAPTER IV. DATA PROTECTION OMBUDSMAN AND THE DATA PROTECTION REGISTER
Data Protection Ombudsman Article 23 (1) In order to protect the constitutional rights to protection of personal data and to disclosure of data of public interest, the National Assembly shall elect a parliamentary commissioner for data protection (called Data Protection Ombudsman) from among Hungarian citizens with university degree, with clean record, with excellent academic knowledge or with at least 10 years of professional practice, who are of experience in conducting and supervising proceedings involving data protection or in related sciences and are well respected. (2) Subject to the exceptions made by this Act, the Data Protection Ombudsman
shall be governed by the provisions of the Act on Parliamentary Commissioner
for Citizen's Rights. Article 24 The Data Protection Ombudsman shall a) observe the implementation of this Act and other acts on data processing; b) examine complaints lodged with him; c) ensure the maintenance of Data Protection Register.
Article 25 (1) The Data Protection Ombudsman shall monitor the conditions for protection of personal data and for disclosure of data of public interest, present proposal for adoption or modification of legislation concerning data processing and disclosure of data of public interest, and give opinion on such draft legislation. The Ombudsman may initiate a decrease or an increase in categories of data classified as state or official secrets. (2) The Data Protection Ombudsman observing an unlawful processing of data, shall require the controller to discontinue the processing. The controller shall take the necessary measures without delay and inform the Data Protection Ombudsman in writing within 30 days thereof. (3) The Data Protection Ombudsman shall announce to the general public
the existence of data processing unlawfully undertaken, the identity of
data controller, and the categories of data processed, if the data controller
does not stop unlawful processing. Article 26 (1) In exercising his functions the Data Protection Ombudsman may request the controller to furnish him information on any matter, and may request any documents and records likely to bear on personal data or data of public interest. (2) The Data Protection Ombudsman may enter any premises where data are processed. (3) State and official secrets shall not prevent the Data Protection Ombudsman from exercising his rights stated in this Article, but the provisions on secrecy shall bind him as well. The Data Protection Ombudsman shall exercise his rights in person in cases affecting state or official secrets at the armed forces, the police and the national security agencies. Performing his functions at the national security agencies the Data Protection Ombudsman shall have no access to documents other than records of data specified by separate provisions of law. (4) The Data Protection Ombudsman shall call the authoritv who classified
the data for altemation or deletion thereof, if he considers the classification
unreasonable. The authority may apply to the Capital City Court against
the warning within 30 days of the notification thereof. The Court shall
conduct the proceeding in camera and with special dispatch. Article 27 (1) Anyone may apply to the Data Protection Ombudsman in case of violation of his or her rights, or of a direct danger thereof, concerning the process of his or her personal data or his or her access to data of public interest, except when the particular case is in the course of judicial procedure. (2) No one shall suffer any pre]udice on grounds of his or her application to Data Protection Ombudsman. The applicant shall have the same protection as the persons submitting petitions of public interest.
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