Az informacios onrendelkezesi jogrol es az informacioszabadsagrol szolo 2011. evi CXII. torveny

Response Timeline

15 calendar days from receipt of request. One extension of 15 calendar days permitted for requests involving a large volume of data; the controller must notify the requester of the extension within 8 days. If the request requires large-scale copying, the deadline runs from payment of the copying fee. Replaces Act LXIII of 1992.

How to Submit a Request

Accepted Methods

• In person — Verbal requests accepted in person
• Mail — Written requests by post
• Email — Electronic submission accepted
• Phone — Verbal requests accepted by telephone

Requests may be made verbally, in writing, or electronically by anyone (Section 28). No specific form required. No reason or justification needs to be stated.

Required Elements

• Name of the requester
• Postal address and/or contact details for response delivery
• Specification of the data of public interest being requested
• Preference for access method (personal access, copies, or electronic delivery)

Fees

The original 2011 Act provided for cost-based copying fees only. A controversial 2015 amendment allowed bodies to charge for disproportionate labor costs, which transparency advocates argue creates barriers to access. No standardized national fee schedules.

Fee Waivers

• Requests for personal data (as data subject) are free

Exemptions

• Classified information
  Data classified as national classified information under the Classified Data Act. NAIH can supervise whether classification is lawful.
• Decision-preparatory data
  Data created during decision-making processes (opinions, drafts, analyses) may be withheld for up to 10 years. Broadly used to withhold politically sensitive information.
• National security and defence
  Data whose disclosure would endanger national security, defence, or national security service activities
• Criminal investigation and law enforcement
  Data related to ongoing criminal proceedings or law enforcement operations where disclosure could prejudice proceedings
• Business and trade secrets
  Business secrets as defined by Civil Code (Act V of 2013). Data on use of public funds or assets cannot be classified as business secrets.
• Personal data protection
  Personal data generally exempt unless disclosure serves transparency of public affairs. Balancing test applies (confirmed in ECHR Zoldi v. Hungary, 2024).

RTI Rating gives Hungary only 12/30 for exemptions due to structural weaknesses: no explicit harm test, no public interest override mechanism, and other legislation can override disclosure obligations. The 10-year blanket exemption for decision-preparatory data is particularly criticized as overly broad.

Appeal Process

NAIH is a functioning independent oversight body with investigative powers (RTI Rating: 20/30 on appeals). However, NAIH recommendations are not legally binding -- only court orders are enforceable. The free NAIH inquiry is the most accessible remedy. Hungary's NAIH independence has been questioned; the EU Court of Justice ruled in 2014 (Case C-288/12) that Hungary violated EU law by prematurely ending the previous Data Protection Commissioner's mandate.

Records Retention

1995. évi LXVI. törvény (Magyar Közlöny 1995/57. szám)

View retention law →

Sources & References

• Full text of law →
• Primary source →
• RTI Rating - Hungary →
• NAIH Official Website →
• Venice Commission Opinion on Act CXII →
• HCLU Position on 2022 Amendments →
• NAIH English Translation (2013) →