6
SZABÓ AND VISSY v. HUNGARY JUDGMENT
management legislation; they shall register the data they receive and their utilisation
and, upon request, they shall inform the National Security Service thereof.”
Section 45
“(1) The National Security Services may, under an international obligation, transfer
personal data to foreign data processing authorities within the framework of laws on
protection of personal data.”
Section 50
“(2) Personal data processed by the National Security Services shall be deleted
immediately if
a) the deadline specified in subsection (1) has expired;
b) deletion was ordered by a court in data protection proceedings;
c) processing of the data is unlawful;
d) the conditions specified in section 60 (2) are met;
e) processing of the data became manifestly unnecessary.”
Section 53
“(2) The National Security Services may apply the special means and methods of
secret intelligence gathering only if the intelligence needed for the performance of the
tasks laid down in the present Act cannot be obtained in any other way.”
Section 56
“The National Security Services may, under an external permission
a) search a dwelling secretly and record by means of technical equipment what they
perceive;
b) keep a dwelling under surveillance by means of technical equipment and record
what they perceive;
c) open and check postal mail and any closed parcel belonging to an identifiable
person and record their contents by means of technical equipment;
d) detect the content of communications transmitted by electronic communications
network and record it by means of technical equipment;
e) detect the data transmitted by or contained on a computer or network, record it by
means of technical equipment and use it.”
Section 57
“(1) The motion to obtain permission for secret intelligence gathering as specified in
section 56 may be submitted by director generals of the Information Authority, the
Constitution Protection Authority, the Military National Security Service and – in
order to carry out its task specified in section 8 (1) f) above – the Special Service for
National Security.
(2) The motion shall contain: