Hungarian Civil Liberties Union www'tasz'hu

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Hungarian Civil Liberties Unionwww.tasz.hu

• Ádám Földes
• Challenging of FOI Exemptions through Litigation
• Effects of the Constitutional Court Case

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DP FOI Act Amendment

• public advocacy work
• - ministerial level
• - parliamentary level
• strategic litigation
• - lawsuit
• - media campaign
• - jurisprudence

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DP FOI Act Amendment

• Decision of the CC on internal data and data
  prepared in connection with decision making
• EU law harmonisation
• powers of the DP Commissioner
• CC case

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Effects of the 1st Instance

• the petition is not data
• data of public interest shall mean any data,
  not falling under the definition of personal
  data, processed by an organ or person performing
  a state or local government function or other
  public function determined by a rule of law, or
  any data pertaining to the activities thereof
  (old version)
• data of public interest shall mean any
  information or knowledge, not falling under the
  definition of personal data, processed by an
  organ or person performing a state or local
  government function or other public function
  determined by a rule of law, or any information
  or knowledge pertaining to the activities
  thereof, recorded in any way or any form,
  irrespective of the manner it is processed and
  its independent or collected character (since
  1st June 2005)

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Effects of the 2nd Instance

• the petition is personal data of the MP
• The protection of the personal data of persons
  acting on behalf of the organs mentioned in
  paragraph (1) state functions, if such data
  relate to their sphere of tasks, may not restrict
  access to data of public interest.
• (old version)
• Unless otherwise provided for by an Act,
  personal data relating to the sphere of tasks of
  a person exercising the sphere of tasks and
  powers of organs laid down in paragraph (1)
  state functions, furthermore the personal data
  relating to the sphere of tasks of a person
  performing public function shall be regarded as
  data public on grounds of public interest. The
  provisions on access to data of public interest
  of this Act shall apply to the access to these
  data. (since 1st June 2005)

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Hungarian Civil Liberties Unionwww.tasz.hu

• Thank you!