Data protection law
I. chapter
GENERAL PROVISIONS
The aim of the law
Interpretative provisions
II. chapter
THE PROTECTION OF THE PERSONAL DATA
Data management
The data management to an aim his constraint
The quality of the data
The linking of transfer of data, the data managements
Transfer of data onto foreign countries
Data security
It affected his rights and their validation
Judicial assertion of a right
Compensation
III. chapter
THE PUBLICITY OF OF PUBLIC INTEREST DATA
IV. chapter
DATA PROTECTION SAFE ÉS AZ ADATVÉDELMI NYILVÁNTARTÁS
Data protection commissioner
Data protection register
Data protection office
V. chapter
SPECIAL PROVISIONS
The processing of personal data and his use in a research institute
VI. chapter
CLOSING PROVISIONS
Being modified measures
Coming into effect
from the protection of the personal data and the publicity of the of public interest data
The parliament - in accordance with the ones taken in Magyar Köztársaság constitution - the protection of the personal data, and to the cognition of the of public interest data truth fundamental one serving the success of a right from rules forms the next law:
I. chapter
The 1. parag (1) this law providing his aim for it, that - if this measure defined in a law does not make an exception - let his personal data be at everybody's his own disposal, and let everybody be allowed to recognize the of public interest data.
(2) It is possible to differ from ones taken in this law then only, if it this law positively to thaw out.
(3) Defined an exception allowed according to this law only onto data one and onto a data handling system it is possible to establish it collectively.
The 2. parag E in the course of the application of a law
1. personal data: with the particular natural person (in the additional ones: affected) data which can be brought into a contact, the inference concerning the affected one which can be deducted from the data. The personal data are best before all that while it is his contact with affected one in the course of the data management can be restored;
2. special data:
the) onto the racial origin, the national, nationality and ethnic affiliation, the political opinion or onto party allegiance, the religious or other conviction,
b) onto the health conditions, the pathological passion, the sexual life, and onto the criminal conviction record
relevant personal data;
3. of public interest data: the state or local municipal task, and in the treatment of an organ supplying an other public task defined in a measure or person being, the data not being subject to the concept of the personal data;
The 4. the) data management: because of the applied procedure independently the collection of the personal data, his uptake and his storage, his processing, his utilisation (including the transmission and the publication) and his deletion. The alteration of the data and the prevention of their additional use count as data management;
b) data processing: the accomplishment of the administrational operations, technical tasks, independently to the execution of the operations because of an applied method and device, and because of the place of the application.
5. transfer of data: if the data is made accessible for a particular third party;
6. publication: if the data is made accessible for anybody;
The 7. the) data handling: that natural one you are a legal entity, an organization not taking action concerned with a legal entity, who you are, that identifies his aim as the treatment of the personal data, comes to the decisions concerning the data management and executes it, concerns may entrust a data processor with the execution. In case of obligatory data management the aim of the data management and his conditions, and the law providing for the data management or a municipal order define the data handling system;
b) data processor: that natural one you are a legal entity, an organization not taking action concerned with a legal entity, who you are, that from the data handling system's commission makes the processing of personal data.
8. erasure of data: the data unrecognizable one his item on a manner like that, that their restoration not possible;
9. measure: the law, the 1. parag (1) his paragraph, the 6. parag (1) his paragraph, the 12. parag (1) his paragraph, the 24. parag, the 25. parag and the 28. parag (2) in the look of his paragraph the local local government's order.
THE PROTECTION OF THE PERSONAL DATA
The 3. parag (1) personal data then can be treated, if
the) it it affected contributes to it, or
b) it you are a law - based on the authority of a law, in the circle defined in it - a local local government's order orders it.
(2) Special data then can be treated, if
the) it contributes to the data management in an affected writing, or
b) the 2. parag the 2. the) in the case of data taken in his dot, it is based on a treaty, you are the validation of a fundamental right guaranteed in a constitution, a law provides for it in the interest of the national security, the crime prevention or the criminal investigation furthermore;
c) a law provides for it in other cases.
(3) Law from a public interest - with the expressed indication of the circle of the data - may order the publication of the personal data. In all other cases to the publication in the case of his affected contribution, special data his written contribution necessary. It is necessary to express a view on it in case of a doubt, that it affected did not grant his contribution.
(4) It is necessary to consider his affected contribution granted one in the course of his affected public appearence by way of it you are published from the aim of the publication in the look of data handed over by it.
(5) Left to express a view on his necessary data contributing to his treatment in a procedure onto his affected application is needed. It is necessary to call his affected attention for this fact.
The 4. parag The personal one I have a right being connected his protection and his touched personality rights given out - if a law does not make an exception - the other interests being connected with the data management, including the publicity of the of public interest data (the 19. parag) too, it may not be offended.
Data processing
4/A. parag (1) Az is related to the processing of the personal data for a data processor his rights and his obligations this law, and the data handling system defines it between the frameworks of the separate laws concerning the data management. The data handling system is responsible for the legality of the instructions concerning the administrational operations.
(2) Inside the data processor's scope of activity, concerns it is responsible for the processing of the personal data, his alteration, his deletion between frameworks defined by a data handling system, his transmission and his publication. The data processor may not make use of an other data processor in the course of the supply of his activity.
The data management to an aim his constraint
The 5. parag (1) to treat personal data only from a particular aim, the practice of a right and an obligation may be his fulfilments in the interest of him. He has to be fit for this purpose in all of the sections of the data management.
(2) Only personal data like that can be treated, that to the fruition of the aim of the data management essential, the aim is suitable for his achievement, the aim is necessary to his fruition in a measure only and until time.
(3) Data management being based on obligatory information from a public interest it is possible to order it.
The 6. parag (1) it is necessary to inform the concerned one that the information is a volunteer or obligatory one before the uptake of the data. It is necessary to mark the measure ordering the data management in case of obligatory information.
(2) It is necessary to inform the concerned one about the aim of the data management and from that direction, to come to terms with who will handle the data concerned. From the data management truth information occurs with it, that measure takes action from the data management existing already you are the data with transmission with linking his uptake.
The 7. parag (1) the undermentioned requirements have to be equal to the treated personal data:
the) their uptake and their treatment honest and lawful;
b) accurate, full and if necessary timely ones;
c) the manner of their storage is suitable for it, that the affected one let the storage be allowed to be necessary to his aim until time only to identify.
(2) The application of general and uniform personal identification number which can be used without a limitation is prohibited.
The linking of transfer of data, the data managements
The 8. parag (1) the data then can be sent on, and the different data managements then can be connected, if it affected contributed to it, or a law allows it, and if the conditions of the data management come true looking at each single personal data.
(2) It (1) it is necessary to apply a paragraph it on the same one onto the linking of data handling and data handled by the state one and the municipal organs.
Transfer of data onto foreign countries
The 9. parag Personal data from the country - you are the data transfer because of the data medium because of his manner independently - for a foreign country data handling system only then can be sent on, if it affected contributed to it, or a law makes it possible, put up that the conditions of the data management come true looking at each single data at the foreign country data handling system.
The 10. parag (1) the data handling system, concerns among activity one the data processor ropemaker to ensure the safety of the data, ropemaker to do those technical and organizational measures furthermore and to develop those procedural rules, that this law, and the other data and secret protection rules onto validity his allocation necessary.
(2) The data - on emphasized one the state secret and the official secret qualified personal data - to save the unauthorized access, alteration are needed especially, onto publicity bringing for you are a deletion, concerns against injury or the destruction.
It affected his rights and their validation
The 11. parag (1) it affected
the) may ask information from the treatment of his personal data (the 12. and the 13. parag), and
b) may ask the correction of his personal data, concerned - with the exception of the data managements ordered in the measure - his deletion (14-16. parag).
(2) Into the data protection register [the 28. parag (1) bek.] anybody may look in, from the ones taken in it may prepare a memorandum and may ask an abstract. It is necessary to pay a prize for the abstract.
The 12. parag (1) onto Az affected application it it gives data handling information by way of it treated, concerns it by way of it from a delegate's data digested by processing one, the aim of the data management, his legal ground his time span, from the data processor's name, his title (his seat) and his activity being linked to the data management, furthermore from that direction, that who and a what kind of aim it is received of or the data were obtained. The register concerning the transfer of data - and based on this the information requirement - the measure regulating the data management may limit his time span. The time span of the limitation in the case of personal data five years, special I am given in his case though twenty years may not be shorter.
(2) Under the data handling obligatory shortest time counted from the submission of the application, to grant the information in writing inside 30 days, a clear form however at worst.
(3) A (2) bekezdésben foglalt tájékoztatás ingyenes, ha a tájékoztatást kérő a folyó évben azonos területre vonatkozó tájékoztatási kérelmet az adatkezelőhöz még nem nyújtott be. Egyéb esetekben költségtérítés állapítható meg. It is necessary to refund the reimbursement of costs paid already if the data were handled unlawfully, you are the request of the information leaded to a correction.
The 13. parag (1) the data handling system may deny his affected information then only, if it the 16. §-ban the law makes it possible in particular cases.
(2) The data handling ropemaker to inform the concerned one about the reason of the refusal of the information.
(3) The data handling system informs the data protection commissioner about the rejected applications annually.
The 14. parag (1) the data not corresponding to the facts the data handling system to correct ropemaker.
(2) It is necessary to delete the personal data, if
the) his treatment unlawful;
b) it affected - the 11. parag (1) his paragraph b) his dot according to occupied ones - asks it;
c) the aim of the data management ceased.
(3) The deletion obligation - with the exception of unlawful data management - does not concern those personal data, the data medium of which it is necessary to send it in an archival custody in the sense of the measure concerning the protection of the archival substance.
The 15. parag From the correction and the deletion the affected one, furthermore all those it is necessary to inform to who the data was sent on onto the aim of data management early. The notification is negligible if this does not offend his affected legitimate interest in consideration of the aim of the data management.
The 16. parag His affected rights (the 11-15. parag) law the state's exterior and inner safety, you are the national defence, the national security, the crime prevention in the interest of criminal investigation in this manner, furthermore from a state or local municipal financial interest, and it affected you are in the interest of the protection of others' rights may limit it.
The 17. parag (1) it affected, may turn to the court in case of his violation, against the data handling system.
(2) It, that the data management is equal to the ones taken in the measure, the data handling ropemaker to prove.
(3) Onto the lawsuit that court officer, which has the data handling seat on his area,. The person who does not have contentious legal capacity anyway may be a half in the lawsuit.
(4) Obliges the data handling system to the yielding of the information, the correction of the data, his deletion if the court grants the application, concerns obliges the data protection commissioner to make looking in into the data protection register possible.
(5) The court may rule registering his judgement in the data protection register if the interests of the data protection and his affected, rights defended in this law with a bigger number request it.
The 18. parag (1) you are the data handling system with the unlawful treatment of his affected data with the contravention of the requirements of the technical data protection somebody else okozott kárt köteles megtéríteni. The data handling system is responsible for the harm caused by the data processor opposite the affected one. The data handling system is exempt from the responsibility if it proves it that the unavoidable reason falling outside the circle of the data management brought about the harm.
that the unavoidable reason falling outside the circle of the data management brought about the harm.
(2) It is not necessary to repay the harm in as much as in that injured person derived from his deliberate or seriously careless behaviour.
The 19. parag (1) the state or local municipal task, and a supplying organ and person defined an other public task in a measure (in the additional ones together: organ) in the cases belonging to his range of duties - including related cases with his farming - ropemaker to further the accurate and fast information of the public opinion.
(2) It (1) organs mentioned in a paragraph regularly alley or it is made accessible with their activity on an other manner related most important one - in this manner particularly their competence, their competence, their organizational structure, their possession being onto data ones and onto the measures being about their function relevant - data. The name of persons intervening among these organs and his arrangement - if law does not take action differently - for anybody accessible, public data.
(3) It (1) ones mentioned in a paragraph have to make it possible, that their treatment being of public interest data let anybody be allowed to recognize it, withdrawn, if the data it is entitled to it based on a law organ you are a state declared it official secret, concerned if it is data qualified based on an obligation deriving from an international contract, furthermore, if to the publicity of the of public interest data truth right - with the definition of the data ones - law
the) of national defence;
b) national security;
c) you are criminal investigation crime prevention;
d) from a central financial or foreign exchange politics interest;
this) onto foreign affairs contacts, with international organisations truth onto contacts;
f) in consideration of judicial proceedings
he limits it.
(4) It (1) the personal data of mentioned organs being linked to person's range of duties intervening in his competence do not restrict the cognition of the of public interest data in a paragraph.
(5) If law does not take action differently, prepared for the inner usage, and the data being linked to the decision preparation inside the thirty years following his formation not public. The organ's leader may permit the cognition of the data for an application inside this deadline.
The 20. parag (1) the of public interest one an organ handling the data for an application aiming at has him learning of the application given for his cognition követő legrövidebb idő alatt, legfeljebb azonban 15 napon belül, közérthető formában tesz eleget. From the document implying the data or a document part because of its storage manner independently - in return for reimbursement of costs - the petitioner may ask a copy.
(2) From the refusal of the application - together with its reasons - it is necessary to inform the petitioner in writing inside 8 days.
(3) For the communication of the of public interest data the data handling organ's leader - occurred to a contact until the measure of an expense with the communication at worst - may establish reimbursement of costs. Onto the petitioner's request the sum of the expense to announce is needed.
(4) The 19. parag (1) organs mentioned in his paragraph inform the data protection commissioner about the rejected applications annually, and from the reasons of the rejections.
The 21. parag (1) the petitioner may turn to the court if they do not fulfill his wish concerning the of public interest data.
(2) The legality of the refusal and his tenability the organ handling the data ropemaker to prove.
(3) It is necessary to start the lawsuit against the organ that denied the information asked inside the 30 days counted from the communication of the refusal.
(4) The person who does not have contentious legal capacity anyway may be a half in the lawsuit.
(5) A lawsuit started against the organ with the competence expanding on all of the country the county one (metropolitan) a court belongs to his competence. In the cases belonging to the local court's competence on the county court's seat being local court, on Budapest the central one of Budapest a district court intervenes. The court's competence the seat of the organ not accomplishing the data provision (his function place) founds it.
(6) The court intervenes apart from a row.
(7) The of public interest data asked obliges the data handling organ to his communication in his decision if the court grants the application.
The 22. parag This chapter his provisions cannot be applied from the public credit register happening - in a separate law regulated - onto information.
DATA PROTECTION SAFE ÉS AZ ADATVÉDELMI NYILVÁNTARTÁS
The 23. parag (1) to the protection of the personal data and the publicity of the of public interest data truth the parliament elects data protection commissioner in the interest of the protection of a constitutional law they the university-educated one, clean record, from among theoretical one with outstanding knowledge or Hungarian citizens at who at least 10 yearly professional practices are, who the procedures affecting the data protection are, lefolytatásában, felügyeletében vagy tudományos elméletében jelentős tapasztalatokkal rendelkeznek és köztiszteletnek örvendenek.
(2) Onto the data protection commissioner - with differences taken in this law - it is necessary to apply the provisions of the law being about the parliamentary commissioner of the civic rights.
The 24. parag The data protection commissioner
the) this law and the keeping of the other measure concerning the data management checks it;
b) examines it the arrived to it announcements;
c) it ensures the leadership of a data protection register.
The 25. parag (1) the data protection commissioner accompanies it with attention for the protection of the personal data and the of public interest data the conditions of the success of his publicity. It proposes creating measures affecting data management and the publicity of the of public interest data, modifying him concerned, it expresses an expert opinion on the draft of measures like this. May initiate it in the state secret circle, and the thunk of the data ones defined in the official secret circle or his extension.
(2) The data protection commissioner calls upon the data handling system for the stopping of the data management in case of the cognition of the unlawful data management. The data handling moratoriumless one ropemaker to do the necessary measures, and to inform the data protection commissioner about this in writing inside 30 days.
(3) If the data handling system does not bring the unlawful data management to an end the data protection commissioner informs the publicity about the fact of the data management, the handler's person and the circle of the handled data.
The 26. parag (1) the data protection commissioner may ask information of the data handling system in all questions like that in the course of the supply of his tasks, and all may look in into a document like that, may recognize data management, that may be linked to personal or of public interest data.
(2) The data protection commissioner may enter all rooms where data management is going on.
(3) The state secret and official secret the data protection commissioner this §-ban may not hinder it in the practice of his regulated rights, but the provisions concerning the keeping of the secret with regard to him obligatory. In case of the data management affecting the state secret or the official secret the data protection commissioner's rights only személyesen, vagy az általa kezdeményezett nemzetbiztonsági ellenőrzésen átesett munkatársai útján gyakorolhatja.
(4) If the data is the data protection commissioner's procedure on his row his classification - the international one was produced based on a contract with the exception of qualified data - considers it one for which reasons are not given, calls upon the qualifying one for his alteration or the stopping of the classification. The qualifying one may turn to Fővárosi Bíróság inside 30 days for the statement of the groundlessness of the call. The court intervenes in the case apart from a row on dealing with lock.
The 27. parag (1) Bárki may turn to the data protection commissioner if you are with the treatment of his personal data according to the opinion of his rights being connected with the cognition of the of public interest data his practice kapcsolatban jogsérelem érte, vagy annak közvetlen veszélye fennáll, kivéve ha az adott ügyben bírósági eljárás van folyamatban.
(2) Nobody may have a disadvantage because of his announcement put to the data protection commissioner. Identical protection is his due with the of public interest announcer.
The 28. parag (1) the data handling ropemaker this before the starting of his activity for the data protection commissioner because of registration to announce
the) the aim of the data management;
b) the kind of the data and the legal ground of their treatment;
c) it affected his circle;
d) the source of the data;
this) the kind of the data sent on, his addressee and the legal ground of the transmission;
f) the deletion deadline of the single data ones;
g) the data handling system, and the data processor's name and his title (his seat), the actual data management, concerning the place of the data processing and the data processor's activity being linked to the data management.
(2) A competent minister, the leader of an organ with national competence ordered data management according to the object of the regulation in the measure, concerns the mayor's, a Lord Mayor's, the county general meeting's president ropemaker inside 15 days delegating to announce the coming into effect of the measure.
(3) The national security organs announce the aim of their data management and his legal ground.
The 29. parag (1) the data handling system receives a register number at the time of the first registration. The register number all of the transmission of the data, making him public and it is necessary to indicate it at the time of giving him out to the concerned one.
(2) The 28. parag (1) it is necessary to announce the changing of data listed in his paragraph to the data protection commissioner inside 8 days, and it is necessary to modify the register adequately.
The 30. parag It is not necessary to announce it into the data protection register that data management, that
the) with the data handling system in an employment, membership, his students implies the data of persons standing in a relation, a client contact;
b) happens according to a church, a denomination, a religious community's inner rules;
c) it contains personal data concerning the illness of person treated in medical care, his health conditions, from the aim of a cure or the conservation of the health, the validation of a social security claim;
d) the concerned material one and anything else taking aim at his social assistance and a registrar imply data;
this) contains the related personal data of the persons concerned by the magisterial one, the public prosecutor's one and the judicial proceedings with conducting proceedings;
f) the aim of the official statistics a maid contains personal data, put up that - in a separate law according to particular ones - the data make the statement of the contact of truth impossible definitively with person;
g) the companies falling under the effect of the press law and organs imply his data like that, that their own information activity is served exclusively;
h) serves the aims of the scientific research if the data are not made public;
i) it was transferred into an archival treatment from a data handling system;
j) the natural person serves his own aim.
31. parag
The processing of personal data and his use in a research institute
The 32. parag (1) stored personal data put on for the aim of a scientific research only onto the aim of a scientific research can be used.
(2) The personal data - as soon as the research aim allows it - to anonymise is needed. It is necessary to store the data that are suitable for a particular or definable natural person's identification separately till then. These it I am given with other data only then can be connected, if it is research his aim necessary.
(3) The organ making the scientific research or person may make personal data public then only, if
the) it affected agreed to it, or
b) that historical one from events to the presentation of the results of continued researches necessary.
VI. chapter
33. parag
The 34. parag (1) this law - the (2) and (3) with an exception taken in a paragraph - comes into force on the first day of the 6. month following his annunciation.
(2) The law III. his chapter (the 19-22. parag) comes into force on the 15. day following his annunciation.
(3) The law IV. his chapter (the 23-31. parag) the law being about the parliamentary commissioner of the civic rights comes into force simultaneously with his coming into effect.
The 35. parag (1) where this law takes action on regulating him in a law - the (3) his paragraph, the 4. §-a and the 13. parag (1) with the exception of his paragraph - the law regulation 1992. December is needed until 31 to prepare.
(2) The legal guiding being linked to the data managements this after the annunciation of a law cannot be applied.
The 36. parag (1)
(2) It these data managements existing at the time of the coming into effect of a law the data handling systems inside the 3 months following electing the data protection commissioner ropemaker into the data protection register to report.
The 37. parag The Minister of Finance receives an authority, that the 11. parag (2) his paragraph in conformity with prize, relevant makes detailed rules fit the treatment of the prize in an order let him establish it.
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