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2013 CLXV. law
on complaints and public interest notifications

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The National Assembly, committed to increasing public confidence in the operation of state bodies, recognizing the complaint and the public interest
the importance of the report in improving the functioning of the state, in view of Hungary's fight against corruption
international commitments and recommendations made by international organizations, recognizing the Community interest
public interest notifiers and ensuring that public interest notifiers are as fully
necessary measures to protect the environment, shall constitute the following law:

1. The complaint and the public interest notification
§ 1. (1) State bodies and local self-government bodies are obliged to file complaints and public interest notifications in accordance with this Act.
to arrange.
(2) A complaint is a request for the elimination of an individual violation of a right or interest, and its resolution is not subject to any other - thus
in particular judicial, administrative proceedings. The complaint may also include a suggestion.
3. A public interest notification shall draw attention to a circumstance the remedying or elimination of which is a matter for the Community or the Community as a whole.
in the interest of society. The public interest announcement may also include a proposal.
(4) Anyone may file a complaint or a public interest complaint in a matter related to the complaint or the public interest complaint.
competent body (hereinafter referred to as the body entitled to proceed). The oral notification in the public interest shall be recorded in writing by the body empowered to act and shall:
in duplicate to the notifier of the public interest.
5. If the complaint or public interest complaint has not been lodged with a body entitled to act, the complaint or public interest complaint shall be lodged with the
within eight days of receipt of the request. The referral to the complainant or the public interest
the notifier shall be notified at the same time as the referral. If the public interest notice is intended to create or amend legislation
proposal, it must also be sent to the person or body with legislative powers.
§ 2. (1) The complaint and the public interest notification shall be submitted to the body entitled to proceed, unless otherwise provided by law.
shall be assessed within thirty days of receipt.
2. If *the investigation leading to the assessment is expected to last longer than thirty days, the complainant or the public interest
the notifier shall be informed at the same time as the expected date of the settlement and the reasons for the extension of the investigation.
3. The body entitled to act shall hear the complainant or the public interest notifier if the complaint or the public interest
its content makes it necessary.
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(4) When
settling a complaint or a notification in the public interest - the body entitled to proceed with the procedure - on the basis of the classified data or law,

with the exception of information covered by economic or other secrecy, of the action taken or not, stating the reasons,
notify the complainant or the public interest notifier without delay.
(5) Written notification may be omitted if the complainant or the public interest notifier is informed of the handling of the complaint or public interest notification.
was informed orally by the person who took note of the information.
(6) - (7) *
*
2 / A. § (1)
A repeated complaint or public interest complaint made by the same complainant or public interest notifier with the same content as before

examination of the application may be omitted.
2. The complaint may be waived except in the cases provided for in paragraph 1, even if the complainant
lodged his complaint six months after becoming aware of the activity or omission. The infringed activity
or a complaint lodged more than one year after the occurrence of the omission shall be rejected without a substantive examination.
(3) The body entitled to proceed shall refrain from examining a complaint or public interest complaint made by an unidentifiable person.
4. The body entitled to proceed may waive the application of paragraph 3 and examine the complaint or public interest notification if:
a complaint or public interest notification is based on a serious breach of rights or interests.
§ 3. (1) On the basis of a complaint or a notification in the public interest, if it proves to be thorough,
(a) to restore the lawful or public interest situation or to take any other measure which is otherwise necessary;
b) elimination of the causes of the detected errors,
(c) the remedying of the damage caused; and
(d) where appropriate, the initiation of liability.
2. With the exception of paragraph 4, the complainant or the public interest notifier shall not be adversely affected by the complaint or the public interest
for making a notification.
3. The personal data of the complainant or the public interest notifier, with the exception of paragraph 4, shall be
may be transferred to a body competent to conduct proceedings initiated on the basis of a notification if that body is to deal with it
or the complainant or the public interest notifier has explicitly consented to the transfer of his or her data. The complainant and
the personal data of the public interest notifier may not be disclosed without his or her explicit consent.
3a. If *it becomes apparent to the body responsible for the procedure that the complainant or the public interest notifier has acted in bad faith,
relevant untrue information, the basis for the investigation of the complaint or public interest
you can finish without.
4. Where it has become apparent that the complainant or the public interest notifier has provided in bad faith, decisive, false information
and
a) there is a circumstance indicating the commission of a criminal offense or an infringement, his / her personal data is entitled to conduct the proceedings;
to a body or person,
(b) there are reasonable grounds for believing that he has caused unlawful harm or other harm to another person,
shall be provided at the request of a body or person authorized to initiate or conduct

2. Secure electronic system for public interest notifications
§ 4. (1) Public interest notifications may also be submitted in the protected electronic system of public interest notifications (hereinafter: electronic system).
it can be done. The operation of an electronic system for making and registering public interest notifications is essential
Commissioner for Human Rights.
2. Personal data processed in the electronic system shall be used only for the purpose of investigating a public interest report and
may be handled for the purpose of liaising with the notifier.
(3) For the transmission of personal data processed in the electronic system, unless otherwise provided in this Chapter, Section 3 (3) and (4)
shall apply.

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(4) In order to identify the notifier of public interest, his name and address shall be stored in the electronic system.
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§ 5. (1) The
electronic system shall notify the received public interest notification - if the data of the public interest notifier according to § 4 (4)

automatically assigns a unique identification number.
(2) The public interest notification submitted via the electronic system shall be concise, without personal and unique institutional data
extract and the status of its settlement on the basis of a unique identification number of the Commissioner for Fundamental Rights on the Internet for everyone
makes it accessible. Following the closure of the case, the body involved in the public interest notification and, if not the same, the body entitled to proceed
should also be made available.
3. The electronic system shall be designed in such a way that, on the basis of the unique identification number and the password provided by the notifier in the public interest:
contact with the public interest notifier should be ensured.
4. The electronic system shall be designed to provide the notifier of the public interest with a complete
printability and electronic recording of its contents.
§ 6. (1) A public interest notifier may request during the public interest notification to the Commissioner for Fundamental Rights via the electronic system that
that his personal data be accessible only to the Commissioner for Fundamental Rights and his office.
2. In the case referred to in paragraph 1, the Commissioner for Fundamental Rights shall extract the public interest declaration in order to
not contain information enabling the public interest notifier to be identified.
§ 7 The public interest notification received in the electronic system - in the case pursuant to § 6 (1) - an extract thereof - shall be forwarded
to the body empowered to act.
§ 8 The body entitled to proceed with the procedure shall make a public interest notification as specified in Chapter 1, with the exception that:
*
(a) information
on the measures taken by the body empowered to act, in the context of the examination of the public interest notification in accordance with Article 2 / A. §

information in the electronic system,
b) in the case pursuant to Section 6 (1)
(ba) the public interest notifier may not be heard or orally informed,
(bb) the examination of the public interest notification cannot be dispensed with because the public interest notifier does not provide the body entitled to the procedure with
identifiable,
(bc) the public interest notifier may be contacted only through the electronic system,
(bd) the body responsible for the procedure may contact the public interest notifier through the Office of the Commissioner for Fundamental Rights, and
may initiate contact with the public interest notifier without disclosing the identity of the public interest notifier.
§ 9 If *the public interest notification concerns a natural person, the right of that natural person to his or her personal data
the personal data of the public interest notifier may not be disclosed to the
for a person.
§ 10 In the electronic system with the notification in the public interest, the investigation carried out on the basis thereof and the measures taken
data shall be kept for five years from the end of the last investigative act or measure,
must.

3. Protection of notifiers in the public interest
§ 11 All measures taken to the detriment of a public interest notifier due to a public interest notification - § 3 (4)
shall be considered unlawful even if it would otherwise be lawful.
Section 12 (1) An applicant in the public interest who, with the exception of the case pursuant to Section 3 (4), qualifies as a public interest notifier
it is probable that his living conditions may be seriously jeopardized by the public interest declaration he has made - Article 3 (4)
except in the case referred to in paragraph 1.
(2) A natural person is a notifier of public interest, if his or her vulnerability is probable, specified by law
eligible for protection of notifiers.
(3) The State shall notify the public interest notifier of the provisions of Act LXXX of 2003 on Legal Aid. subsidies specified by law
under the conditions set out therein.

4. The employer abuse reporting system
§ 13. The employer and its owner operating in the form of a business company (hereinafter together: employer organization)
to the employees of the employer under the conditions specified in Section 9 (2) of Act I of 2012 on the Labor Code
lay down rules of conduct for the protection of the public interest or overriding private interests, which the employer may
together with a description of it, it must be made public in a way that is accessible to anyone.
*
§ 14. (1)
In order to ensure its lawful and prudent operation, the employment organization shall comply with the provisions of the law and the

to set up an abuse reporting system (hereinafter referred to as the reporting system) for reporting breaches of the rules
employees of the employer and persons having a contractual relationship with the
may make a report to whom, in order to make the report or to remedy the conduct which is the subject of the report, or
have a legitimate interest in its termination (hereinafter: the notifier).
(2) On the website of the employment organization regarding the operation of the notification system and the procedure related to the notification
publishes detailed information in Hungarian.
(3) The employer organization within the framework of the notification system
(a) the notifier; and
(b) the person
(ba) whose conduct or omission gave rise to the notification, or
(bb) who may have relevant information on the content of the notification [hereinafter subparagraphs ( ba) and ( bb) together: in the notification
affected person]
personal data, including special data and criminal personal data, which are essential for the investigation of the report
for the sole purpose of investigating the report and remedying or eliminating the conduct which is the subject of the report.
may be handled and forwarded to the protection counsel or to an outside body involved in the investigation of the application.
4. Data not covered by paragraph 3 shall be deleted immediately from the data processed under the notification system.
personal information.
(5) The processing of personal data processed within the framework of the notification system in accordance with Section 3 (3) and - in relation to the notifier
with regard to data - the provisions of Section 3 (4) shall apply.
(6) When making a notification, the notifier must declare that he is making the notification in good faith in circumstances which:
of which he is aware or has reasonable grounds to believe that they are real. A legal entity notifier is obliged to make the notification
give its registered office and the name of the legal representative submitting the application. The whistleblower's attention should be drawn to the bad faith
the consequences of the application, the procedural rules governing the examination of the application and the
shall be treated confidentially at all stages of the investigation.
*
§ 15. (1) For
the transfer of data processed within the framework of the notification system to another state or international organization

only the legal action taken by the addressee of the transmission to comply with the rules on notification contained in this Act
in the case of a commitment.
*
2. The
notification system shall be designed in such a way that the person of the non-anonymous notifier is not

get to know it. The investigators of the report are formally held liable until the investigation is closed or as a result of the investigation
information on the content of the notification and on the persons involved in the notification,
and they may not be shared by the employer organization with any other person, except for the information of the person concerned by the notification
nor with your department or staff member.
*
(3) The
person concerned by the notification shall be informed in detail of the notification at the beginning of the investigation,

his rights and the rules governing the processing of his data. The fair procedure
ensure that the position of the person concerned in the application is even legal
and explain it with evidence through his representative. Exceptionally, it is appropriate to inform the person concerned in the notification
In such cases, it may take place at a later stage if immediate information would frustrate the investigation of the notification.
*
§ 16. (1) The
notification shall be examined by the employment organization in accordance with the procedure specified by it and the applicant shall be examined by the examination.

and the measures taken.
*
1a. Upon
receipt or examination of applications under contract, a defense attorney shall, in the examination of applications,

a security attorney or other external organization is also trusted.
*
1b. Examination
of the notification may be dispensed with if:

(a) the applicant made the notification without disclosing his identity,
(b) the application is a repeated application by the same applicant with the same content as the previous application,
(c) made the notification six months after becoming aware of the act or omission complained of
the notifier,
(d) prejudice to the public interest or to an overriding private interest in the rights of the person concerned by the application as a result of the examination of the application;
would not be proportionate to the restriction.
*
2. The
notification shall be made as soon as circumstances permit and no later than the date of receipt of the notification.

shall be investigated within 30 days of the expiry of the time limit for notification by an anonymous or unidentifiable notifier.
except in duly justified cases, with the simultaneous notification of the notifier. The duration of the study is three
months.
3. If the conduct covered by the notification justifies the initiation of criminal proceedings on the basis of the investigation, measures shall be taken to:
making a report.
(4) If the conduct included in the notification is not a criminal offense on the basis of the investigation, but violates the
rules of conduct, the employer shall, in accordance with the rules governing the employment relationship with the employee
may employ an employer.
(5) If, on the basis of the investigation, the notification is not substantiated or no further action is required, the notification shall be submitted
data must be deleted within 60 days of the end of the study.
(6) If* action is taken on the basis of the investigation, including legal proceedings or disciplinary action against the notifier
within the framework of the notification system, at the most on the basis of the notification
may be dealt with until the final conclusion of the proceedings initiated.

5. The defense attorney
*
§ 17. (1) A legal
person that does not qualify as a state or local government body (hereinafter: principal) with its activities

may enter into a contract with a lawyer to perform tasks related to the receipt and handling of related applications
to pursue the activity of an advocacy lawyer. Any indication as to the activity of the defense attorney
shall be deemed to be a notification which draws attention to a circumstance the remedying or
illegal business interest, or breach of the law, public security, public health
or to eliminate the risk to the environment.
2. The agency contract referred to in paragraph 1 may not be concluded with a legal person with whom the
employment, other employment relationship or with which the
had been in such a relationship for five years prior to its conclusion. If the notification is by the act of the principal of the principal
the lawyer of the applicant, the supervisory board of the applicant, the auditor, the
or the holder of the proprietary rights shall notify the notification without delay.
3. The protection lawyer shall not receive any remuneration or other benefits in connection with this activity from anyone other than the principal.
may request and may not accept.
*
(4) The
formation of the assignment of a defense attorney shall be notified in writing by the defense attorney to the

regional bar association. The name, address, telephone number, e-mail address, and website of the filing defense attorney
contact details shall be published on the website of the regional bar association.
§ 18. (1) Pursuant to the assignment contract pursuant to § 17 (1), the registrar's defense lawyer shall:
*
a) receives
reports related to the activities of the principal,

(b) provide legal advice to the notifier on the application,
c) keeps in touch with the notifier, may request information and clarification from him in order to investigate the notification, if necessary,
d) may, at the request of the sponsor, participate in the investigation initiated on the basis of the notification,
*
(e) upon
request, inform the notifier in writing of the events of the notification, in particular the initiation of the notification

the result of the investigation, the action taken by the sponsor or the refusal to carry out the investigation.
*
(2) The
applicant lawyer shall forward the application to the principal, but with regard to the data enabling the identification of the applicant.

therefore send an extract of the application which does not contain any information enabling the
unless the notifier has previously waived his obligation to maintain confidentiality in writing.
(3) The protection lawyer shall be obliged to refrain from other activities in the capacity of such applications and documents.
managed and recorded separately.
(4) The mandate of a protection lawyer may be terminated only with reasons. The legal proceedings of a defense attorney are not
may terminate the principal's termination or the principal's payment of the fee due to the registrar's lawyer.
refusal.

6. Final provisions
§ 19 The Minister responsible for justice is authorized to grant to a whistleblower at risk
subsidies and the rules for their payment should be laid down in a regulation.
§ 20. This Act shall enter into force on 1 January 2014.
21-22. §
§ 23

*

§ 24

*

*

§ 25 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
CXLIII of 2011 on the promulgation of Section 10 of the Ajbt. The provision establishing Section 40 (2) ( a) shall read as follows: “Section 2 (6)
"as defined in Section 2 (6)" and "in the public interest"
relating to the examination of notifications ”.
26-27. §

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