SZABÓ AND VISSY v. HUNGARY JUDGMENT
7
a) the premises of the secret intelligence gathering, the person(s) concerned
identified by name or as a range of persons, and/or any other information capable of
identifying such person or persons;
b) specification of the secret intelligence gathering and reasoning substantiating its
necessity;
c) the date of the beginning and the end of the activity;
d) in the case of a motion to obtain permission specified in section 59 below,
reasoning why the requested intelligence is absolutely necessary in the specific case
for the successful functioning of the National Security Service.”
Section 58
“(3) The ... Minister in charge of justice ... decides [on the motion] within 72 hours
to be counted from the motion’s submission ... [he] grants permission or, in case of an
ill-founded request, rejects it. No appeal lies against the decision.
(4) Unless this law stipulates otherwise, the authoriser allows the secret intelligence
gathering for a period of a maximum of 90 days upon each request. In justified cases
and upon a motion from the director generals, this time limit may be extended by 90
days, unless this law stipulates otherwise.
(6) The authoriser does not inform the person concerned about the proceedings or
about the occurrence of secret intelligence gathering.”
Section 59
“(1) The directors of the National Security Services themselves may [exceptionally]
authorise the secret gathering of information within the meaning of section 56 at the
latest until the decision given [by the Minister] if the external authorisation procedure
entails such delay as obviously countering, in the given circumstances, the interests of
the successful functioning of the National Security Service.”
Section 60
“(1) Secret intelligence gathering based on external permission shall be discontinued
immediately if
a) it achieved its aim defined in the permission;
b) its continuation does not promise any results;
c) its time-limit has been expired without extension;
d) the secret intelligence gathering is unlawful for any reasons whatsoever.
(2) In the framework of the special procedure defined in section 59 (1), secret
intelligence gathering shall also be discontinued immediately if the authoriser does
not permit its continuation. In that case, the data obtained by secret intelligence
gathering shall be destroyed immediately, according to the laws regulating the
deletion of qualified data.”
Section 74(a) defines the notion of national security interests in the
following terms:
“Securing the sovereignty and protecting the constitutional order of Hungary and,
within that framework,