Provision of data of public interest on request
Provision of data of public interest on request
17 November 2017
Last modified: 14 December 2017
Reading time: 5 minute(s)
- Any person may request data of public interest from the National Research, Development and Innovation Office either orally (1077 Budapest, Kéthly Anna tér 1.) or in writing (in a letter sent by post to the address 1077 Budapest, Kéthly Anna tér 1. or electronically to the e-mail address email@example.com). The obtaining of data accessible on public interest grounds shall be governed by the provisions on the access to data of public interest.
- The NRDI Office shall receive the requests for obtaining data of public interest through the Communication Unit of the Office of the President. The request received by any other organisational units shall promptly be forwarded to the Communication Unit, furthermore the requesting party making a request in person shall be referred to the Communication Unit, as well.
- If the request does not pertain to data of public interest managed by and related to the NRDI Office originating from the Office discharging its tasks, then the request shall be referred to the organ with material and territorial competence or the competent person with information provided thereof to the requesting party, if this organ or person can be identified unambiguously. The referral shall be decided upon jointly by the head of the organisational unit being professionally competent with respect to the data requested and the head of the Department of Legal and Administrative Affairs. In the event of disagreement between the said parties, the referral shall be decided upon by the President of the NRDI Office. If the organisational unit/person with competence cannot be identified, the requesting party shall be informed of this fact.
- The Communication Unit shall respond to the request for the provision of data of public interest within the shortest time possible from the receipt of the request, but no later than within 15 days, which in a justified case (if the request of data covers a significant amount of data or a large number of data, or if meeting the request for the data imposes a disproportionate burden on human resources necessary to carry out the core activities of the NRDI Office), the time limit may be extended once with another 15 days, of which the requesting party shall receive preliminary information within 15 days.
- If the application is related to data which have already been published by the NRDI Office pursuant to a law or the Data Protection Regulations, the request may be responded to by providing a link to the public source.
- The NRDI Office shall not be obliged to respond to the request for data with respect to the parts of the request identical with a request previously submitted by the same applicant in respect of the same category of data within one year with the proviso that there have been no changes to the data in the same data category. Furthermore, the NRDI Office shall not be obliged to comply with the request for the provision of data if the requesting party fails to provide his name if he is a natural person or the name of the organisation if the requesting party is not a natural person, as well as the contact details where information and notification concerning the request for data provision may be sent to.
- Complying with the request for data may be subjected to a charge up to the amount of costs incurred in the course of the compliance with data provision, the amount of which shall be communicated to the requesting party prior to compliance with the request.
- If the application for the provision of data of public interest may not be complied with, the Communication Unit together with the organisational unit responsible (competent) based on the units of publication shall inform the requesting party thereof providing justification and reference to possibilities of legal recourse within 15 days in writing, or - if the requesting party provided his electronic address - in an electronic mail. The rejection of the request concerning the provision of data shall be decided upon jointly by the head of the professionally competent organisational unit and the head of the Department of Legal and Administrative Affairs. In the event of a disagreement between the said parties, the President of the NRDI Office shall take a decision.
- The Communication Unit shall have a registry of requests for the provision of data of public interest, the compliance with or the rejection thereof, including the grounds for refusal, of which the internal data protection officer shall inform the National Authority for Data Protection and the Freedom of Information until 31 January every year based on the authorisation of the head of the Department of Legal and Administrative Affairs of the NRDI Office.
- In the case of the rejection of a request for the provision of data of public interest or in the case of insufficient compliance with the request, the requesting party may turn to the Budapest-Capital Regional Court for legal remedy (1055 Budapest, Markó u. 27.). The proceedings shall be carried out with urgency and free of charge. Further examination may be initiated at the National Authority for Data Protection and Freedom of Information (1125 Budapest, Szilágyi Erzsébet fasor 22/c; firstname.lastname@example.org).
Internal data protection officer: dr. Nóra Tarbaj.
Updated: 14 December 2017