Handlers of Public Interest Data are not to Practice "Goodwill"

Some municipalities have a unique way of interpreting the constitutional right to form an opinion and the requirements of disclosing public interest data. The city of Rétság serves as an example to this.

Beside the city municipality’s webpage www.retsag.hu, Károly Girasek, local resident, operated his own website, www.retsag.net. The municipality's request that the court liquidate the website operated by Girasek was based upon grounds of infringement of personal rights.

The municipality argued  that Girasek had no right to relay, make public, or copy data from the municipality’s webpage onto his own. Girasek turned to the Data Protection and Freedom of Information Ombudsman to settle the matter. Girasek's position, citing Act LXIII. of year 1992. is as follows: "by disclosing public interest data, the handler of public interest data is not practicing ’goodwill’, but rather fulfilling his lawful duty...Information may freely be used for any purpose, may be relayed to others and may be published on other websites and through the media...A body fulfilling public function is acting in an unlawful manner by considering public interest data to be of personal property.”

Despite the Ombudsman’s clear stance, the municipality is still seeking ways to restrict the public and to refuse access to public interest data

Share

Related articles

HCLU called OGP to investigate the situation in Hungary

Last fall, the Open Government Partnership (OGP) adopted a new policy to help re-establish an environment for government and civil society collaboration, safeguarding the Open Government Declaration and to mitigate reputational risks to OGP. Today, members of Hungarian civil society, including representatives of the Hungarian Civil Liberties Union, Transparency International Hungary and K-Monitor, as well as Sunlight’s international policy manager, a former employee of K-Monitor, called on the OGP Steering Committee to take action under the new policy and launch a thorough investigation into the situation in Hungary, with a special attention to the deterioration of the space for civil society.

HCLU proposes Open Government Partnership commitments

The goal of the Open Government Partnership (OGP) initiated by American President Barack Obama is the establishment of a transparent, efficient and accountable government/administration. The HCLU and K-Monitor have prepared proposals on commitments to be undertaken by Hungary.

The Age of Innocents

Read the abridged English version of a new book written by two prominent Hungarian investigative journalists on how the Hungarian criminal justice system worked or rather failed in the most prominent white collar crime cases since 1990, the year when – following the fall of communism - democracy, democratic police, prosecution and courts were reestablished in the country.