Publication Obligation for Public Data Registry and Transparency Procedure
Summary
Hungary's National Authority for Data Protection and Freedom of Information has issued a notice regarding a new publication obligation for budgetary organs. All budgetary organs, except national security services, must publish financial management data bi-monthly on a new online platform, with potential fines for non-compliance.
What changed
This notice from the Hungarian National Authority for Data Protection and Freedom of Information mandates that all budgetary organs (excluding national security services) must publish specific financial management data every two months on the Central Information Public Data Registry online platform. This obligation stems from amendments to Act CXII of 2011 and Government Decree No. 499/2022, applying to data generated from November 29, 2022. The National Data Assets Agency Ltd. will publish the data upon receipt.
Budgetary organs must use the downloadable form and follow the User Policy. Failure to comply, or providing incorrect/incomplete data, will trigger an authority procedure for transparency, with a 45-day administrative limit. The Authority can order urgent compliance within 15 days. If non-compliance persists, fines ranging from 100,000 to 50 million Hungarian forints may be imposed. Notifications to initiate procedures are accepted from February 28, 2023.
What to do next
- Ensure all budgetary organs comply with the bi-monthly publication of financial data on the Central Information Public Data Registry online platform.
- Utilize the downloadable form and adhere to the User Policy for data submission.
- Address any identified data inaccuracies or omissions within 15 days of an Authority order.
Penalties
Fines ranging from 100,000 to 50,000,000 Hungarian forints for non-compliance or failure to remedy infringements within 15 days.
Source document (simplified)
Notice of the publication obligation on the Central Information Public Data Registry online platform and the transparency procedure
Részletek
Megjelent: 2023. március 21.
A U T H O R I T Y N O T I C E
_______________________________________________________ ****
New publication obligation applicable to the budgetary organs
Notice
of the publication obligation on the Central Information Public Data Registry online platform and the transparency procedure
With the exception of the national security services, all budgetary organs shall be obligated to publish specific financial management data every two months on the newly established Central Information Public Data Registry online platform (hereinafter „online platform”) [1]. Provisions pertaining to the manner and exact content of the publication are laid down in section 37/C of Act CXII of 2011 on the right to informational self-determination and on the freedom of information, as well as in Government Decree No. 499/2022 (XII. 8.) on the detailed rules of the Central Information Public Data Registry. The obligation to publish is applicable to data generated on or after 29 November 2022.
Data must be provided on the form downloadable from the online platform and in accordance with the guidelines set out in the User Policy. The National Data Assets Agency Ltd. (hereinafter „the Agency”) shall publish the data on the online platform on the first working day following receipt of the form. Data provided for the first time shall be published by the Agency latest by 28 February 2023.
Should the budgetary organ fail to comply with the publication on the online platform or the published data is incorrect or incomplete, the National Authority for Data Protection and Freedom of Information (hereinafter „the Authority”) shall commence an authority procedure for transparency based on a notification and may commence an authority procedure for transparency ex officio. The administrative time limit in authority procedures for transparency is forty-five days. In case of an infringement the Authority shall order the budgetary organ to comply with its obligation on the online platform as a matter of urgency and not exceeding fifteen days. Should the budgetary organ not remedy the infringement within fifteen days, the Authority may impose a fine. The amount of the fine shall range from one hundred thousand forints to fifty million forints. Notifications to initiate an authority procedure for transparency may be submitted to the Authority from 28 February 2023.
Budapest, 3 January 2023
Dr. Attila Péterfalvi
President
Honorary Professor
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