Scoring

The following information is a walk-through on how the scores are obtained.

Hungary

Hungary

Name of law : Act CXII of 2011 On Informational Self-determination and Freedom of Information
First adopted : 1992
Last modified : 15 November 2016
RTI Rating last updated : 12 March 2018

Section Max ScoreScore
Right of Access 6 2
Scope 30 29
Requesting procedures 30 19
Exceptions 30 12
Appeals 30 18
Sanctions 8 0
Promotional measures 16 6
TOTAL 150 86

Right of Access

Indicator

Description

Scoring instructions
MAX score
Findings

Points

Article

Comments
1 The legal framework (including jurisprudence) recognises a fundamental right of access to information.Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.2 YES Article VI: \"(2) Everyone shall have the right to the protection of his or her personal data, as well as to access and disseminate data of public interest. (3) The application of the right to the protection of personal data and to access data of public interest shall be supervised by an independent authority established by a cardinal Act.\" Link to the Constitution of Hungary (English version): http://www.kormany.hu/download/e/2a/d0000/THE%20FUNDAMENTAL%20LAW%20OF%20HUNGARY.pdf
2 The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions.No=0, Partially=1, Yes=22 NO Not mentioned.
3 3.1 The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law
3.2 The legal framework emphasises the benefits of the right to information?
3.1(Y/N - max 1 point)
3.2 (Y/N - max 1 point)
2 NO Not mentioned.




Scope

Indicator

Description

Scoring instructions
MAX score
Findings

Points

Article

Comments
4 Everyone (including non-citizens and legal entities) has the right to file requests for information.Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. 2 YES \"Section 28 (1) Data of public interest shall be made available to anyone upon a request presented verbally, in writing or by electronic means. Access to data public on grounds of public interest shall be governed by the provisions of this Act pertaining to data of public interest.\"
5 The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it.Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions.4 YES \"Section 3. 5. ‘data of public interest’ shall mean information or data other than personal data, registered in any mode or form, controlled by the body or individual performing state or local government responsibilities, as well as other public tasks defined by legislation, concerning their activities or generated in the course of performing their public tasks, irrespective of the method or format in which it is recorded, its single or collective nature; in particular data concerning the scope of authority, competence, organisational structure, professional activities and the evaluation of such activities covering various aspects thereof, the type of data held and the regulations governing operations, as well as data concerning financial management and concluded contracts; 6. ‘data public on grounds of public interest’ shall mean any data, other than public information, that are prescribed by law to be published, made available or otherwise disclosed for the benefit of the general public;\"
6 Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents).Score 1 point for only documents, 1 point for information2 YES Section 3. 5. ‘data of public interest’ shall mean information or data other than personal data, registered in any mode or form, controlled by the body or individual performing state or local government responsibilities, as well as other public tasks defined by legislation, concerning their activities or generated in the course of performing their public tasks, irrespective of the method or format in which it is recorded, its single or collective nature; in particular data concerning the scope of authority, competence, organisational structure, professional activities and the evaluation of such activities covering various aspects thereof, the type of data held and the regulations governing operations, as well as data concerning financial management and concluded contracts; 6. ‘data public on grounds of public interest’ shall mean any data, other than public information, that are prescribed by law to be published, made available or otherwise disclosed for the benefit of the general public;
7 The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and adminsitration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above.Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc).8 YES \"Section 2 (1) This Act shall apply to all data control and data processing activities undertaken in Hungary relating to the data of natural persons as well as data of public interest and data public on grounds of public interest. Section 3 5. ‘data of public interest’ shall mean information or data other than personal data, registered in any mode or form, controlled by the body or individual performing state or local government responsibilities, as well as other public tasks defined by legislation, concerning their activities or generated in the course of performing their public tasks, irrespective of the method or format in which it is recorded, its single or collective nature; in particular data concerning the scope of authority, competence, organisational structure, professional activities and the evaluation of such activities covering various aspects thereof, the type of data held and the regulations governing operations, as well as data concerning financial management and concluded contracts; 6. ‘data public on grounds of public interest’ shall mean any data, other than public information, that are prescribed by law to be published, made available or otherwise disclosed for the benefit of the general public; Section 26 (1) Any person or body attending to statutory State or municipal government functions or performing other public duties provided for by the relevant legislation (hereinafter referred to collectively as “body with public service functions”) shall allow free access to the data of public interest and data public on grounds of public interest under its control to any person, save where otherwise provided for in this Act.\"
8 The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government4 YES \"Section 2 (1) This Act shall apply to all data control and data processing activities undertaken in Hungary relating to the data of natural persons as well as data of public interest and data public on grounds of public interest. Section 3 5. ‘data of public interest’ shall mean information or data other than personal data, registered in any mode or form, controlled by the body or individual performing state or local government responsibilities, as well as other public tasks defined by legislation, concerning their activities or generated in the course of performing their public tasks, irrespective of the method or format in which it is recorded, its single or collective nature; in particular data concerning the scope of authority, competence, organisational structure, professional activities and the evaluation of such activities covering various aspects thereof, the type of data held and the regulations governing operations, as well as data concerning financial management and concluded contracts; 6. ‘data public on grounds of public interest’ shall mean any data, other than public information, that are prescribed by law to be published, made available or otherwise disclosed for the benefit of the general public; Section 26 (1) Any person or body attending to statutory State or municipal government functions or performing other public duties provided for by the relevant legislation (hereinafter referred to collectively as “body with public service functions”) shall allow free access to the data of public interest and data public on grounds of public interest under its control to any person, save where otherwise provided for in this Act.\"
9 The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government4 YES \"Section 2 (1) This Act shall apply to all data control and data processing activities undertaken in Hungary relating to the data of natural persons as well as data of public interest and data public on grounds of public interest. Section 3 5. ‘data of public interest’ shall mean information or data other than personal data, registered in any mode or form, controlled by the body or individual performing state or local government responsibilities, as well as other public tasks defined by legislation, concerning their activities or generated in the course of performing their public tasks, irrespective of the method or format in which it is recorded, its single or collective nature; in particular data concerning the scope of authority, competence, organisational structure, professional activities and the evaluation of such activities covering various aspects thereof, the type of data held and the regulations governing operations, as well as data concerning financial management and concluded contracts; 6. ‘data public on grounds of public interest’ shall mean any data, other than public information, that are prescribed by law to be published, made available or otherwise disclosed for the benefit of the general public; Section 26 (1) Any person or body attending to statutory State or municipal government functions or performing other public duties provided for by the relevant legislation (hereinafter referred to collectively as “body with public service functions”) shall allow free access to the data of public interest and data public on grounds of public interest under its control to any person, save where otherwise provided for in this Act.\"
10 The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). Score 1 point if some, 2 points if all2 YES Section 26 (3) Unless otherwise prescribed by law, any data, other than personal data, that is processed by bodies or persons providing services prescribed mandatory by law or under contract with any governmental agency, central or local, if such services are not available in any other way or form relating to their activities shall be deemed data public on grounds of public interest.
11 The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). Score 1 point if some bodies, 2 points if all2 YES \"Section 26 (1) Any person or body attending to statutory State or municipal government functions or performing other public duties provided for by the relevant legislation (hereinafter referred to collectively as “body with public service functions”) shall allow free access to the data of public interest and data public on grounds of public interest under its control to any person, save where otherwise provided for in this Act.\"
12 The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. 1 point for public functions, 1 point for public funding 2 Partially Section 26 (3) Unless otherwise prescribed by law, any data, other than personal data, that is processed by bodies or persons providing services prescribed mandatory by law or under contract with any governmental agency, central or local, if such services are not available in any other way or form relating to their activities shall be deemed data public on grounds of public interest.

Requesting Procedures

Indicator

Description

Scoring instructions
MAX score
Findings

Points

Article

Comments
13 Requesters are not required to provide reasons for their requests.Y/N answer 0 or 2 points2 YES \"Section 28 (1) Data of public interest shall be made available to anyone upon a request presented verbally, in writing or by electronic means. Access to data public on grounds of public interest shall be governed by the provisions of this Act pertaining to data of public interest.\" The law does not mention the need to provide reasons for the requests
14 Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery).Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc.2 YES \"Section 28 (1) Data of public interest shall be made available to anyone upon a request presented verbally, in writing or by electronic means. Access to data public on grounds of public interest shall be governed by the provisions of this Act pertaining to data of public interest. Section 29 (1b) The body with public service functions that has the data of public interest on record is not obliged to comply with requests for public information if the requesting party does not provide his/her name, in case of a legal person its description, and contact details through which the requested dataset or any other information can be provided.\" Must provide name and contact details in order to provide information
15 There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law.Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. 2 YES \"Section 28 (1) Data of public interest shall be made available to anyone upon a request presented verbally, in writing or by electronic means. Access to data public on grounds of public interest shall be governed by the provisions of this Act pertaining to data of public interest.\"
16 Public officials are required provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. Score 1 point for help in formulation and 1 point for clarification procedures2 Partially \"Section 28 (3) If any part of the request is unclear, the data controller shall ask the requesting party to clarify.\"
17     Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled.Score Yes=2 point, No=02 NO Not mentioned.
18 Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working daysScore 1 point for receipt, 1 point for max 5 working days2 NO Not mentioned.
19 Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held.Score: 1 point for information not held, 1 for referrals or 2 for transfers2 NO Not mentioned.
20 Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record).Score: 2 points for Yes, only 1 point if some limitations2 YES \"Section 30 (2) Information shall be supplied in a readily intelligible form and by way asked for by the requesting party, provided that the body with public service functions processing the information is capable to meet such request without unreasonable hardship. If the information requested had previously been made public electronically, the request may be fulfilled by way of reference to the public source where the data is available. A request for information may not be refused on the grounds that it cannot be made available in a readily intelligible form.\"
21 Public authorities are required to respond to requests as soon as possible.Score: No=0, Yes=2 points 2 YES \"Section 29 (1) The body with public service functions that has the data of public interest on record must comply with requests for public information at the earliest opportunity within not more than fifteen days.\"
22 There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication).Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less.2 YES \"Section 29 (1) The body with public service functions that has the data of public interest on record must comply with requests for public information at the earliest opportunity within not more than fifteen days.\"
23 There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension.---2 YES \"Section 29 (2) If a request for information is substantial in terms of size and volume or requires disproportionate workforce, the time limit referred to in Subsection (1) may be extended by fifteen days on one occasion, of which the requesting party shall be informed within fifteen days of the date of receipt of the request.\"
24 It is free to file requests.Score: No=0, Yes=2 points2 Partially Section 33: \"(1)Access to data defined as data of public interest pursuant to the present Act must be ensured free of charge in digital format on internet websites for anyone interested, without disclosing any personal ID data or applying restrictions, in printable format ensuring the opportunity to copy parts of the text without data loss or distortion, enabling the document to be viewed, copies to be downloaded and printed, as well as network data transfer (hereinafter electronic disclosure). Access to the data disclosed cannot be subject to the disclosure of personal data.\"
25 There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and a certain initial number of pages (at least 20) are provided for free. Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional2 YES \"Section 29 (5) In determining the fee chargeable the following cost items can be taken into account: a) the cost of the data storage device containing the requested information, b) the delivery fee of the above data storage device to the requesting party, c) if the fulfilment of the request for information requires disproportionate workforce needed for the ordinary operation of the body, the additional labour costs needed. (6) The amount of items defined in Subsection (5) shall be determined by law.\"
26   There are fee waivers for impecunious requesters ---2 NO Not mentioned.
27 There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. Score: No=0, Yes=2 points2 NO Not mentioned.


Exceptions

Indicator

Description

Scoring instructions
MAX score
Findings

Points

Article

Comments
28 The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict.Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. 4 NO Not mentioned.
29 The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. It is also permissible to refer requesters to information which is already publicly available, for example online or in published form.Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed10 Partially \"Section 27 (1) Access to data of public interest or data public on grounds of public interest shall be restricted if it has been classified under the Act on the Protection of Classified Information. (2) Right of access to data of public interest or data public on grounds of public interest may be restricted by law - with the specific type of data indicated - where considered necessary safeguard: a) national defense; b) national security; c) prevention and prosecution of criminal offenses; d) environmental protection and nature preservation; e) central financial or foreign exchange policy; f) external relations, relations with international organizations; g) court proceedings or administrative proceedings; h) intellectual property rights. (3) Any data that is related to the central budget, the budget of a local government, the appropriation of European Union financial assistance, any subsidies and allowances in which the budget is involved, the management, control, use and appropriation and encumbrance ofcentral and local government assets, and the acquisition of any rights in connection with such assets shall be deemed information of public interest, and as such shall not be deemed business secrets, nor shall any data that specific other legislation prescribes - in the public interest - as public information. Such publication, however, shall not include any data pertaining to protected know-how that, if made public, would be unreasonably detrimental for the business operation to which it is related, provided that withholding such information shall not interfere with the availability of, and access to, information of public interest. (3a) Any natural or legal person, or unincorporated business association entering into a financial or business relationship with a sub-system of the central budget shall, upon request, supply information for any member of the general public in connection with such relationship that is deemed public under Subsection (3). The obligation referred to above may be satisfied by the public disclosure of information of public interest, or, if the information requested had previously been made public electronically, by way of reference to the public source where the data is available. (3b) If the person referred to in Subsection (3a) refuses to comply with the request for information, the requesting party may initiate the proceedings of the authority delegated to exercise judicial oversight. (4) Access to public information may also be limited by European Union legislation with a view to any important economic or financial interests of the European Union, including monetary, fiscal and tax policies. (5) Any information compiled or recorded by a body with public service functions as part of, and in support of, a decision-making process for which it is vested with powers and competence, shall not be made available to the public for ten years from the date it was compiled or recorded. Access to these information may be authorized by the head of the body that controls the information in question upon weighing the public interest in allowing or disallowing access to such information. (6) A request for disclosure of information underlying a decision may be rejected after the decision is adopted, but within the time limit referred to in Subsection (5), if the information is expected to underlie a future possible decision or the34 disclosure is likely to jeopardize the legal functioning of the body with public service functions or the discharging of its duties without any undue influence, such as in particular free expression of the position of the body which generated the data during the preliminary stages of the decision-making process. (7) The time limit for restriction of access as defined in Subsection (5) to certain specific information underlying a decision may be reduced by law. (8) This Chapter shall not apply to the disclosure of information from official records that is subject to the provisions of specific other legislation.\" \"There are four exceptions that do not meet international standards: (1) Info classified under the Act on the Protection of Classified Information. (2) Copyright (3) Business secrets (4) information related to any important economic or financial interests of the European Union, including monetary, fiscal and tax policies.\"
30 A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. Score 4 points and then deduct 1 point for each exception which is not subject to the harm test 4 NO \"Section 27\" Only applied to some exceptions, but there are more without harm test, so 0 points
31 There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity.Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory.4 Partially \"Section 30 (5) If, as regards the refusal of any request for access to data of public interest, the data controller is granted discretionary authority by law, refusal shall be exercised within narrow limits, and the request for access to data of public interest may be refused only if the underlying public interest outweighs the public interest for allowing access to the public information in question.\" General public interest override, nothing for hard overrides like corruption or human rights abuses
32 Information must be released as soon as an exception ceases to apply (for example, for after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old.Score 1 point for each2 NO Not mentioned.
33 Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information.Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals.2 NO Not mentioned.
34 There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted2 YES \"Section 30 (1) If a document that contains data of public interest also contains any data that cannot be disclosed to the requesting party, this data must be rendered unrecognizable on the copy.\"
35 When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures.Score Y/N: 1 point for a and 1 point for b2 YES \"Section 30 (3) When a request for information is refused, the requesting party must be notified thereof within fifteen days counted from the receipt of the request46 in writing, or by electronic means if the requesting party has conveyed his electronic mailing address, and must be given the reasons of refusal, including information on the remedies available. The controller shall keep records on the requests refused, including the reasons, and shall inform the Authority thereof each year, by 31 January.\"


Appeals

Indicator

Description

Scoring instructions
MAX score
Findings

Points

Article

Comments
36 The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less).Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals.2 NO Not mentioned.
37 Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). 1 for partial, 2 for yes2 YES \"Section 52 (1) Any person shall have the right to notify the Authority and request an investigation alleging an infringement relating to his or her personal data or concerning the exercise of the rights of access to public information or information of public interest, or if there is imminent danger of such infringement.\"
38 The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so they are protected against arbitrary dismissal (procedurally/substantively) once appointed.Score: 1 point for appointment procedure, 1 point for security of tenure2 NO \"Section 40 (1)66 The head of the Authority is the President. The President of the Authority is appointed by the President of the Republic on a recommendation by the Prime Minister from among those Hungarian citizens with a law degree, who have the right to stand as candidates in parliamentary elections, having at least ten years of experience in supervising proceedings related to data protection or freedom of information, or holding an academic degree in either of those fields.\" Appointed by President/Prime Minister
39 The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence.Score 1 point for reports to parliament, 1 point for budget approved by parliament2 YES \"Section 39 (1) The Authority shall be a central budgetary organ with the powers of a budgetary chapter, and its budget shall constitute an independent title within the budgetary chapter of Parliament. (2) The main totals of expenditures and receipts of the Authority for the current budgetary year may only be reduced by Parliament, with the exception of natural disasters endangering life and property as defined in the Act on Public Finances, of temporary measures adopted to relieve the consequences of such disasters, or of measures taken by the Authority within its own competence or in its competence as directing organ.\"
40 There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise.Score 1 point for not politically connected, 1 point for professional expertise2 Partially \"Section 41 (1) The President of the Authority may not be a member of any political party, may not engage in political activities, and his mandate shall be considered incompatible with other state or local government office or mandate. (2)70 The President of the Authority shall not be otherwise gainfully employed and shall not accept remuneration for other activities, with the exception of scientific, educational and artistic activities under copyright protection, and other than revisory and editorial activities as well as a foster parent. (3) The President of the Authority may not hold any executive office or membership in the supervisory board of a business association; and he may not be a member of a business association requiring personal involvement.\"
41 The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies.Score 1 point for reviewing classified documents, 1 point for inspection powers2 YES \"Section 54 (1) In the course of that investigation, the Authority: a) shall have powers to inspect all documents of the controller inspected, presumed to have any bearing on the case at hand, and may request copies of such documents, b) shall be given access to any data processing operation presumed to have any bearing on the case at hand, and shall be authorized to enter any premises where data processing takes place, c) shall have the right to request information from the controller inspected, and from any employee or associate of the controller in writing or verbally, d) shall have the right to request information in writing or copy of the document in relation to the case investigated86 from any organization or person presumed to have any connection to the case at hand, and e) may request the head of the supervisory body of the data controller authority to conduct an investigation.\"
42 The decisions of the independent oversight body are binding. Score N=0, Y=2 points2 NO \"Section 56 (1) Where the Authority considers that any infringement relating to personal data or concerning the exercise of the rights of access to public information or information of public interest, or the imminent danger of such infringement exist, it shall call on the data controller affected to eliminate the infringement, and the imminent danger of such infringement. (2) The controller - if in agreement - shall take the measures indicated in the notice referred to in Subsection (1) without delay, and shall inform the Authority concerning the measures it has taken, or - if in disagreement - of its argument within thirty days from the date of receipt of the notice.\"
43 In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. 1 for partial, 2 for fully2 NO
44 Requesters have the right to lodge a judicial appeal.1 for partially, 2 for fully.2 YES \"Section 31 (1) In the event of failure to meet the deadline for the refusal or fulfilment of the request for ccess to public information, or with the deadline extended by the data controller pursuant to Subsection (2) of Section 29, and the requesting party may bring the case before the court for having the fee charged for the fulfilment of the data request49 reviewed. (2) The burden of proof to verify the lawfulness and the reasons of refusal, and the reasons for determining the amount of the fee chargeable for the fulfilment of the data request lies with the data controller. (3) Litigation must be launched against the body with public service functions that has refused the request within thirty days from the date of delivery of the refusal, or from the time limit prescribed, or from the deadline for payment of the fee chargeable. If the requesting party notifies the Authority with a view to initiating the Authority’s proceedings in connection with the refusal of or non-compliance with the request, or on account of the amount of the fee charged for compliance with the data request51, litigation may be launched within thirty days from the time of receipt of notice on the refusal to examine the notification on the merits, on the termination of the inquiry, or its conclusion under Paragraph b) of Subsection (1) of Section 55, or the notice under Subsection (3) of Section 58. Justification may be submitted upon failure to meet the deadline for bringing action. (4) Any person otherwise lacking legal capacity to be a party to legal proceedings may also be involved in such legal proceedings. The Authority may intervene on the requesting party’s behalf. (5) Actions against bodies with public service functions of nation-wide jurisdiction shall be brought at the competent tribunal. Actions falling within the jurisdiction of local courts shall be heard by the local court of the seat of the tribunal, or by the Pesti Központi Kerületi Bíróság (Pest Central District Court) in Budapest. Jurisdiction shall be determined by reference to the place where the head offices of the body with public service functions, being the respondent, is located. (6) The court shall hear such cases in priority proceedings. (6a) If the request for access to public information is denied by the data controller based on Section 27(1) and the requesting party, pursuant to subsection (1), brings the case before court for judicial supervision, the court initiates an administrative proceeding for the control of secret and simultaneously suspends the trial. The order initiating the control of secret procedure as well as the suspending decisions cannot be appealed. (7) When the decision is in favour of the request for access to public information, the court shall order the data controller to disclose, and simultaneously setting a deadline therefor, the information in question. The court shall have powers to modify the amount charged for the fulfilment of the data request55, or may order the body with public service functions to reopen its proceedings for determining the amount of the fee chargeable.\"
45 Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance.1 for free, 1 for no lawyer required. 2 YES \"Section 52 (4) The Authority shall carry out the investigation free of charge; the costs thereof shall be advanced and borne by the Authority.\"
46 The grounds for appeal to the oversight body (where applicable, or to the judiciary if no such body exists) are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.).Score 1 point for appealing refusals, additional points for appealing other violations.4 Partially \"Section 52 (1) Any person shall have the right to notify the Authority and request an investigation alleging an infringement relating to his or her personal data or concerning the exercise of the rights of access to public information or information of public interest, or if there is imminent danger of such infringement.\" Broad but not particularly specific
47 Clear procedures, including timelines, are in place for dealing with external appeals (oversight/judicial).Score 1 point for clear procedures, 1 point for timelines. 2 YES \"Section 55 (1) Within two months from the date of receipt of the notification, the Authority shall: a) if it finds in favour of the notification Also, Sections 56, 57, 58\"
48 In the appeal process (oversight/judicial/) the government bears the burden of demonstrating that it did not operate in breach of the rules.Score Y/N and award 2 points for yes. 2 YES \"Section 31 (1) In the event of failure to meet the deadline for the refusal or fulfilment of the request for access to public information, or with the deadline extended by the data controller pursuant to Subsection (2) of Section 29, and the requesting party may bring the case before the court for having the fee charged for the fulfilment of the data request49 reviewed. (2) The burden of proof to verify the lawfulness and the reasons of refusal, and the reasons for determining the amount of the fee chargeable for the fulfilment of the data request lies with the data controller.\"
49 The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better record management)1 for partial, 2 for fully. 2 Partially \"Section 38 (4) Within its scope of responsibilities conferred under Subsection (2), the Authority: a) shall have powers to make recommendations for new regulations and for the amendment of legislation pertaining to the processing of personal data, to public information and information of public interest, and shall express its opinion on drafts covering the same subject; b) shall publish a report on its activities each year, by 31 March, and shall present this report to Parliament; c) shall make recommendations in general, or to specific controllers; d) shall give an opinion on special and ad hoc disclosure lists prescribed mandatory by this Act relating to the activities of the given body with public service functions;\"


Sanctions & Proteccions

Indicator

Description

Scoring instructions
MAX score
Findings

Points

Article

Comments
50 Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information.Score 1 point for sanctions for underming right, 1 point for destruction of documents 2 NO Not mentioned.
51 There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them).Score 1 point for either remedial action or sanctions, 2 points for both 2 NO Not mentioned.
52 The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law.Score 1 for oversight body, 1 for immunity for others2 NO Not mentioned.
53 There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers).Score 2 for strong protections, 1 for moderate protections2 NO Not mentioned.


Promotional measures

Indicator

Description

Scoring instructions
MAX score
Findings

Points

Article

Comments
54 Public authorities are required to appoint dedicated officials (information officers) or units with a responsibility for ensuring that they comply with their information disclosure obligations.Score Y/N, Y=2 points2 NO Not mentioned.
55 A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. Score Y/N, Y=2 points2 YES \"Section 38 (2) The Authority shall be responsible to supervise and promote the enforcement of the rights to the protection of personal data and access to public information and information of public interest.\"
56 Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. Score Y/N, Y=2 points2 NO Not mentioned.
57 A system is in place whereby minimum standards regarding the management of records are set and applied. Score Y/N, Y=2 points2 YES \"Section 37 and Section 37/A (1) In the interest of providing fast and easy access to information that has been published electronically, the central electronic register posted on a designated website - set up by the minister in charge for the implementation of infrastructure requirements for administrative information technology systems - contains all relevant descriptive information on the websites of bodies subject to the obligation of publication of public information by electronic means under this Act, pertaining also to their databases and registers. (2) Electronic access using a single platform to the public information of the bodies referred to in Subsection (1) and facilities for searching among public information shall be ensured by the single data retrieval system set up by the minister in charge for the implementation of infrastructure requirements for administrative information technology systems.\"
58 Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. Score Y/N, Y=2 points2 YES \"Section 37 and Section 37/A (1) In the interest of providing fast and easy access to information that has been published electronically, the central electronic register posted on a designated website - set up by the minister in charge for the implementation of infrastructure requirements for administrative information technology systems - contains all relevant descriptive information on the websites of bodies subject to the obligation of publication of public information by electronic means under this Act, pertaining also to their databases and registers. (2) Electronic access using a single platform to the public information of the bodies referred to in Subsection (1) and facilities for searching among public information shall be ensured by the single data retrieval system set up by the minister in charge for the implementation of infrastructure requirements for administrative information technology systems.\"
59 Training programs for officials are required Score Y/N, Y=2 points2 NO Not mentioned.
60 Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. Score Y/N, Y=2 points2 NO
61 A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. Score Y/N, Y=2 points2 NO