Information on Parties
Information for providers
on Parties to Budapest Convention
Partnership agreement with providers
Powers to request information
Production order
In the sense of Article 18 of the Budapest Convention
Competent authority
The court (upon request of the prosecutor or the accusing injured party, shall order the one keeping or supervising [the computer device] to surrender the cyber data stored in a cyber system or in another type of [electronic] storage.)
The prosecutor (when there are grounded reasons that a delay may seriously harm the investigations, the prosecutor, by a reasoned resolution, shall order the obligation to disclose the cyber data and immediately notify the court. The court shall evaluate the prosecutor resolution within 48 hours from notification.)
Basis in law
Article 191/1 CPC – Obligation to produce computer data.
If different for subscriber information
If different for traffic data
Form
Court order; in emergency cases – prosecutor’s order subject to a subsequent court order.
Preservation order
In the sense of Articles 16 and 17 of the Budapest Convention
Competent authority
The prosecutor.
Basis in law
Art 299/a CPC Expedited preservation and maintenance of the computer data , Article 101 Law no. 9918 from 19.05.2008 On electronic communication.
Art 299/b CPC, Expedited preservation and partial disclosure of computer data.
If different for subscriber information
If different for traffic data
Form
Emergency situations
Definition of emergency situation
According to Article 191/a paragraph 3 of CPC when delays may seriously damage the investigations.
Obligation to cooperate
Confidentiality obligation
Obligation of secrecy
Article 299/a paragraph CPC (expedited preservation and maintenance) states that the person in charge for data preservation and maintenance is obliged not to disclose the followed procedures and performed actions until the end of the investigations.
Article 313/b CC prohibits provision and publishing of data contrary to the law and provides for sanctions that varies depending on the consequences (up to ten years imprisonment if death is caused).
Non respect of the obligation of secrecy
Up to ten years imprisonment if death is caused.
Exception
Data protection agreements
European Union Member States/ Adequacy
No
Convention 108
No
Additional Protocol ETS 181 to Convention 108
No
Domestic legal framework on data protection
No
Remedies
Safeguards
The judicial police acts under the supervision of the Public Prosecutor and under the supervision of High Council of Justice and Ministry of Justice – Law No 8737 from 12.02.2001 On organisation and functioning of the Office of the Prosecutor Office.
Sources and links
Criminal Code (unofficial translation)
Criminal Procedure Code (unofficial translation)
Law on Protection of Personal Data No 9887 10.03.2008 (unofficial translation)
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.