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
Public Prosecutor
Basis in law
Article 287, paragraph 1 - 8, from Criminal procedure Code (CPC) (150/2010) “Obligation to deliver the requested information to the public prosecutor”
- At the request of the public prosecutor, state bodies, local self-government bodies, legal and physical persons exercising public authority and other legal entities shall submit the information that he requested.
- At the request of the public prosecutor operators of public communications networks and providers of public communication services are obliged to submit data on the contacts in communication traffic.
Article 184 of the CPC: Search of a computer system and computer data;
Article 198 of teh CPC: Temporary seizure of computer data;
If different for subscriber information
Offical order for special investigative measures from judge in preliminary proceedings
Article 252, paragraph 4 of CPC (150/2010): Secret access and search of computer systems;
Article 252, paragraph 6 of CPC (150/2010): Inspection of telephone or other electronic communications;
If different for traffic data
Form
Official order from public prosecutor or judge in preliminary proceedings.
Preservation order
In the sense of Articles 16 and 17 of the Budapest Convention
Competent authority
Public prosecutor and judge in preliminary proceedings.
Basis in law
Public prosecutor or/and Financial police under control of Public prosecutor may require from telecom operator or entity that are offering online communication services to take measures and collect content of information for the user of the services provided by the operator itself (Article 258-1, 252-6 Criminal procedure law).
If different for subscriber information
If different for traffic data
Form
Requisition.
Emergency situations
Definition of emergency situation
Risk to life, person in danger.
Obligation to cooperate
Obligation to prevent/stop the danger with appropriate measurements (Article 226 of the CPC, paras.1 -3 and Article 227 of the CPC.
Confidentiality obligation
Obligation of secrecy
Article 289 of the CPC: Secrecy of the pre-investigative procedure
Any actions taken during the pre-investigative stage by the public prosecutor or the police shall be regarded as secret.
Article 299 of the CPC: Secrecy of the investigation procedure
The interests of the criminal proceedings, the need to keep a secret or to protect the personal and family life of the damaged person or the suspect, the public prosecutor shall order the person who is being examined, which attend the investigatory action or which the records, hold certain information as secret and shall warn him of the consequences of revealing.
Article 369 of teh CPC: Violation of confidentiality of proceedings
Person who unlawfully disclose what they learned in court proceedings or in administrative, criminal or disciplinary proceedings, by law or by court decision or authority that the disciplinary procedure is designated as secret, shall be punished with fine or imprisonment up to one year.
Non respect of the obligation of secrecy
Fine or imprisonment up to one year.
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
Sources and links
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.