Information on Parties
Information for providers
on Parties to Budapest Convention
Partnership agreement with providers
No
Powers to request information
Production order
In the sense of Article 18 of the Budapest Convention
Competent authority
Criminal Procedure Code does not foresee production order. The rules on search and seizure and on general prosecution competence are applied.
Upon Prosecutor’s request, court may order to any person or public/private entity to provide any information relevant to an investigation, including information in electronic form.
Basis in law
Criminal Procedure Code Art. 152-160 and 282.
If different for subscriber information
If different for traffic data
Form
The order has to be issued in written form.
Preservation order
In the sense of Articles 16 and 17 of the Budapest Convention
Competent authority
Court may order to provider to retain data on electronic communication, upon Prosecutor’s request.
Basis in law
Law on Electronic Communication Art. 126, 127.
If different for subscriber information
If different for traffic data
Form
The order has to be issued in written form.
Emergency situations
Definition of emergency situation
Detention and acts which has been noted as higher social importance are considered as emergency situation.
Obligation to cooperate
It is the duty of all authorities participating in criminal proceedings and authorities providing legal assistance for them to keep the duration of detention as short as possible and to act especially expeditiously if the defendant is in detention.
Confidentiality obligation
Obligation of secrecy
There is no specific provision regarding confidentiality of investigation, but the CPC forsees the persons who are entitled to obtain information about an investigation.
Non respect of the obligation of secrecy
Violation of Confidentiality of Proceeding - Article 337 of Criminal Code
Revealing of Official Secret – Article 369 of Criminal Code ( imprisonment up to 8 years).
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.