The Eötvös Károly Institute, the Hungarian Helsinki Committee and the Hungarian Civil Liberties Union approached the European Union with a joint request regarding the new data protection act (Act No. CXII of 2011 on Informational Self-Determination and Freedom of Information).
According to our information, the NGOs claim that the extraordinary termination of the office of the Hungarian Parliamentary Commissioner for Data Protection and Freedom of Information by the new act is against EU law.
Besides, the NGOs also claim (with reference to the case: Commission vs. Germany – ECJ C-518/07) that the new National Agency for Data Protection will not be independent which is also a breach of EU law.
As a consequence, the European Commission will be entitled to investigate the matter and start a formal infringement procedure against Hungary.
The NGOs addressed Mr. José Manuel Barroso, President of the European Commission, Mrs. Viviane Reding, EU Justice Commissioner and the Art. 29 Data Protection Working Party.
We will keep you updated about any developments.
UPDATE #1: Member of the European Parliament Ms Kinga Göncz (S&D) has also submitted a question for written answer to the Commission in this topic, where Ms Göncz asks whether the Commission is seeking to take any action against Hungary due to the violation of the independence of its data protection authority. The question (and the formal answer) is available here.
UPDATE #2: As a response to the letter of the Hungarian NGO’s, Mrs Viviane Reding indicated that the Commission will investigate the complaint and analyse the new Act on Informational Self-determination and Freedom of Information. The letter of Ms Reding is available here.
UPDATE #3: The Commission has sent an inquiry to the Hungarian Government. The letter from Vice-President Viviane Reding addressed to Vice-Prime Minister Tibor Navracsics is available here (with its annex), while the response letter (and its annex) from Tibor Navracsics is available here. (All documents are available in English)
