Publication: Magyar Közlöny
Issue: MK-2003-92 (Year: 2003, Number: 92)
Era: 1990-2004
Section: 1996. évi LVII. törvény (Tptv.) 36/A. §-a alapján vizsgálatot kezdett a mobiltelefon szolgáltatás ágazatban. A GVH a
Paragraph Index: 1033

3. The Commissioner’s Powers The Commissioner’s powers are comparable to those of the Data Protection Commissioners in EU member states. He has powers to examine complaints, inspect documents and records and enter any premises where data are processed. He can also require a data controller to discontinue processing. The Commissioner clearly makes use of these powers, receiving 462 complaints in 2001 and conducting 705 investigations, a small proportion of which took place on site. Around 50% of the investigations led to a requirement to discontinue unlawful processing. In some cases a public statement was issued by the Commissioner and in a small number of particularly serious violations a more formal recommendation was made. The main area of doubt is enforcement. There are a limited number of options open to the Commissioner to bring about compliance with data protection law. These include: – publication of adverse findings against data controllers, including in the Commissioner’s Annual Report. – respect for the personal authority and standing of the Commissioner – the Commissioner’s power to make an address to Parliament in the most serious cases. None of these is particularly compelling, especially in the case of private sector businesses which may have little respect for the role of a traditional, public sector ombudsman. There are provisions in the Hungarian penal code establishing offences of unauthorised control of personal data and abuse of sensitive data, but apparently the offences are drafted too broadly for the courts to make use of them. Only on a very few occasions has the Commissioner reported such offences to the public prosecutor, and generally these have not been proceeded with. Prosecution for these offences was in any case described as an „atomic bomb” solution to data protection enforcement.

Source: https://magyarkozlony.hu/hivatalos-lapok/8039bfe0f40276fecc23262d919aa7c1d80a9e23/dokumentumok/39e812c3fbf1ff2c517187a4321c7fadafe02615/letoltes