SZABÓ AND VISSY v. HUNGARY JUDGMENT
5
Under section 11(5), complaints about the activities of the anti-terrorist
organ shall be investigated by the Minister of Home Affairs who shall
inform the complainants of the outcome of the investigations and of the
relevant measures within 30 days (this deadline may, on one occasion, be
extended by another 30 days).
Section 14(4) contains provisions concerning the relevant competences
of the National Security Committee. In exercising parliamentary
supervision, the Committee is entitled to request information from the
Minister and the directors of the national security services about the
country’s national security situation and the functioning and activities of the
services (sub-section (a)).
In individual complaint procedures, where a complainant does not accept
the results of the investigation under section 11(5), the Committee may
investigate complaints alleging unlawful activities on the part of the
National Security Services if, under the affirmative vote of at least one third
of the Committee members, the gravity of the complaint justifies an
investigation. In investigating a complaint the Committee shall examine the
complaint at issue and may request the Minister to submit his opinion on the
case. If the Committee is of the view that the operation of the Services has
been unlawful or abusive, it may request the Minister to conduct
investigations and to inform the Committee of the results of the
investigations or may itself carry out fact-finding investigations if it has the
impression that the operation of the Services is contrary to the relevant laws.
In carrying out the fact-finding investigations, the Committee may inspect
the relevant documents in the records of the National Security Services and
may hear staff members of the National Security Services. Relying on the
findings the Committee may invite the Minister to take the necessary
actions.
Section 43
“The National Security Services may use data having come to their knowledge
exclusively for the purpose that corresponds to the legal basis for ordering their
acquisition, except
a) if the data are indicative of the commission of a criminal act and forwarding the
data is legally allowed, or
b) if they substantiate an obligation to inform another National Security Service and
the party receiving the data is itself authorised to obtain them.”
Section 44
“(1) For the purpose of fulfilling their tasks the National Security Services may
request data from each other and are obliged to provide data to each other in line with
the provisions of this Act.
(4) The bodies requesting data disclosure shall be responsible for the management of
data disclosed to them according to the provisions of this Act and the data