HCLU wins case against the Ministry of Finance

The case was started against the Ministry of Finance after it denied access to data on public spending deficit of a hundred billion HUF.

The plaint was submitted on 4 Sept, 2006. The Ministry’s lawyer argued that the data requested by HCLU was only an estimate regarding an indefinite future figure that is not a data, therefore does not fall within the jurisdiction of Act LXIII of 1992 (on data protection and freedom of information).

According to HCLU’s attorney on that argument any kind of information or knowledge posessed by a state institution is a public interest data according to the Hungarian Freedom of Information Act. And also referring to the press conference where the deficit was announced it was clear that the estimate was based on relevant information. And also there was a precedent court decision saying the definition of data cannot be strictly interpreted as it is defined in the dictionary but in a broader context.

The court has dismissed the defendant’s argument and obliged the Ministry to publish the requested data within 15 days from receiving the verdict.

Learn more about the case

 

 

Share

Related articles

Profit-making through FOI?

A draft bill on the re-use of public sector information submitted to the Hungarian Parliament by the government would make the national FOI legislation highly unpredictable - according to the HCLU and K-Monitor, major Hungarian NGOs working for transparency and freedom of information. The proposal intends to harmonize Hungarian freedom of information legislation with the EU law by implementing the 2003/98/EC Directive on the re-use of public sector information. The latter is to be revised soon, due to a proposal of the European Commission. The HCLU and K-Monitor ask legislative authorities to withdraw their draft proposal due to the following reasons.

Read more »

Hungarian NGOs turn to Barroso over planned removal of Hungarian data protection commissioner

Eötvös Károly Policy Institute, Hungarian Civil Liberties Union and Hungarian Helsinki Committee informed the President of the European Commission on the failure of the Hungarian lawmaker to fulfill its obligation to guarantee the complete independence of the Data Protection Commissioner. Hungary therefore breached its duty arising from EU law.

Read more »

Government agrees to back mega-project in Hungary despite concerns about transparency - Anti-corruption NGOs have turned to Joaquín Almunia

Some of Hungary's major anti-corruption NGOs have turned to EU Competition Commissioner Joaquín Almunia. The NGOs are concerned about a giant project financed with state aid and therefore urged the Prime Minister to immediately suspend the 'murky' 130 mn EUR investment, financed by an EU fund and the Hungarian Development Bank (MFB). Gordon Bajnai, Prime Minister of Hungary finally ordered the Ministry of National Development and Economy to make the feasibility study of the project public.

Read more »