1. Hungarian Civil Liberties Union Hungarian Civil Liberties Union www.tasz.hu Ádám Földes Freedom of information in anti-corruption work the Hungarian legal framework

2. Constitutionalrights Constitutional rights ‘In the Republic of Hungary everyone has the right to freely express his opinion, and furthermore to access and distribute information of public interest.’ (Art. 61.) ‘The Republic of Hungary recognizes and supports the right to enterprise and the freedom of competition in the economy.’ (Art. 9.) ‘The Republic of Hungary guarantees the right to property.’ (Art. 13.) ‘In the Republic of Hungary everyone has the right to the good standing of his reputation, the privacy of his home and the protection of secrecy in private affairs and personal data.’ (Art. 59.)

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4. FOI vs. state secrets  there’s no constitutional provision on state secrets  the ECHR (Art. 10 para 2) permits FOI can ‘be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety’, etc.  data can be classified in the interests of state functions 34/1994. (VI. 24.) Constitutional Court decision:  only public (authorities) can have such interests and are allowed to classify data as state secrets  private bodies have private interests

5. Glasspocket Program Act XXIV of 2003 Amending Certain Acts on the Use of Public Funds, the Public Disclosure, Transparency and Increased Control of the Uses of Public Property  amending 19 Acts of Parliament  ‘data accessible on grounds of public interest’  business secret definition  a wide range of data to be posted on the Internet - type, subject, contracting parties, value, (duration), changes of data of contracts by state bodies above 25000 USD (within 60 days − for 5years ) -receiver, purpose, amount, location of subsidies from public budget below 1000 USD can be waived (60 days / 5years )  individual or organizational unit to take care of disclosure-related tasks

6. FOI vs. Privacy ‘data public on grounds of public interest’ shall mean any data, not falling under the definition of data of public interest, the making public or accessibility of which is provided for by an Act on grounds of public interest; Personal data relating to the sphere of tasks of a person exercising the sphere of tasks and powers of state organs & 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.

7. FOI vs. Business Secret Civil Code: Business secrets are all the facts, information, solutions or data of which disclosure, access or use by non-authorized, would harm or jeopardize the lawful financial, business or market interests of the authorized and necessary measures were taken by him to keep them confidential. It is not to be considered as business secret - the state and the local government budget - data regarding European Union subsidies - benefits, subsidies, preferential treatments based on the budget - handling, use, possession, disposition of state property - data public on grounds of public interest ordered by an Act

8. The disclosure shall not have an effect of providing access to technological procedures and solutions, ways of organizing work or logistics, know-how, if it would cause a disproportionate harm to business activity, except if it impedes access to data public on grounds of public interest. DP&FOI Act: ‘data not falling under the definition of personal data, which data are processed by organs or persons providing mandatory services or services which otherwise cannot be provided on the basis of a rule of law or a contract entered into with an organ performing state or local government function or any data pertaining to the activities thereof shall be regarded as data public on grounds of public interest.’

9. e-FOI Act  free access, by anyone, without identification to all Acts of Parliament, governmental decrees, ministerial decrees, etc. in force + free access to the Official Gazette  mandatory for every agency or organization performing public duties to proactively publish data of their organizational structure, operation, and financial management (“general publication scheme”)  electronic publication of legislative projects and individual drafts, while also prescribing the provision of an interactive interface;  mandatory for the Supreme Court and courts of appeal to post all of their verdicts, judgments, and rulings on the Internet

10. more Acts  Act on Lobbying (in force since 01.09.2006)  Act on Public Procurement  more than 20 acts consisting assets declarations  Act on Concessions  Act on State Audit Office  Act on Public Finance

11. Thank you for your attention! Hungarian Civil Liberties Union www.tasz.hu foldes@tasz.hu