On 2 April, Monday evening, Parliament passed the amendment of the data protection law which further reinforces the independence of the President of the National Authority for Data Protection and Freedom of Information. The changes made to the legislation address the concerns raised by the European Commission.

By virtue of the amendment, the Head of State no longer has the powers to remove the President of the National Authority for Data Protection and Freedom of Information on the Prime Minister’s recommendation if he/she is unable to fulfil his/her duties for more than three months. The Prime Minister may only initiate the removal of the President of the data protection authority due to a conflict of interests or the violation of the rules relating to the issuance of financial disclosure statements; in the latter case if the President wilfully discloses any material data or fact incorrectly. The President of the Authority may, however, contest the Prime Minister’s motion before a court of law within 30 days; under the new rules, the lawsuit must be instituted against the Prime Minister before the Metropolitan Labour Court which proceeds without delay as necessary. The President of the Republic may only terminate the mandate of the President of the data protection authority if the court finds the proposed removal well-founded.

Another amendment prescribes ten years’ professional experience, instead of five, for the appointment of the President of the Authority, while five years’ experience will continue to remain sufficient for the position of Vice-President.

The amendment additionally allows the President of the data protection authority to attend and speak at the meetings of the parliamentary committees and to review any bills presented to Parliament in person. The amendment enters into force on the day following its promulgation; this is necessary on account of the ongoing EU proceedings.

The passage of a new data protection law was necessitated by Hungary’s new Fundamental Law that entered into force in 2012. The new data protection regulations confirmed that the Government and Parliament were committed to the effective protection of fundamental rights and the Government regarded the protection of the fundamental constitutional rights of citizens as a basic element of guarantee. Hungary’s Fundamental Law constitutionally guarantees the monitoring by an independent authority of the enforcement of the rights attached to the protection of personal data and the disclosure of data of public interest. The Hungarian Authority is independent, is only subjected to the rule of law, cannot be instructed within the realm of its responsibilities and does not form part of the hierarchical organisational system of public administration. Parliament passed the cardinal law on the right to information autonomy and the freedom of information on 11 July 2011 which, in the interest of the enforcement of fundamental rights, defines the content of information rights and guarantees the effective enforcement of these rights. With the passage of the law, Parliament decided on the replacement of the data protection ombudsman with the National Authority for Data Protection and Freedom of Information.

The European Commission informed the Hungarian Government on 7 March that it would continue the accelerated infringement proceedings instituted against Hungary on 17 January with respect to the independence of the data protection authority and the retirement age of judges and would request more information from the Hungarian Government on the independence of the central bank. The Government sent its answers to the Commissions before the deadline, on 30 March, concerning the two ongoing infringement proceedings (retirement of judges and independence of the data protection authority) as well as its official reply on two further questions under investigation simultaneously (independence of the National Bank of Hungary and of the administration of justice).

The Government informed the Commission in detail of its already completed, ongoing and contemplated legislative measures which address the remarks of the European Commission and the Venice Commission of the Council of Europe on their merits. The Government sincerely hopes that its legislative initiatives and the additional information provided will constitute sufficient grounds for the closure of the proceedings in question by the Commission. The Government believes there is now no further obstacle to the commencement of the credit facility negotiations between Hungary and the European Union and the IMF within the foreseeable future.

(kormany.hu)