The removal of the commissioner before the end of his term breaches obligations under Data Protection Directive. Under Article 28 (1) of the Directive, the public authorities -responsible for monitoring the application of the Directive - “shall act with complete independence in exercising the functions entrusted to them.” According to the new Act No CXII of 2011 on informational self determination and freedom of information, the Data Protection Commissioner will be replaced by the National Data Protection and Freedom of Information Authority. The head of the government agency will be appointed by the President of the Republic, and takes over the place of the current Commissioner.
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.