Act LXVI of 1992
on Keeping Records on the Personal Data and Address of citizens,
consolidated
with Government Decree 146/1993 (X. 26.) on its Implementation
[The text of Act LXVI of 1992 (hereinafter referred to as: Act) is typed with
Bold Letters, that of the Government Decree 146/1993 (X. 26.) (hereinafter
referred to as: ImpD) with Normal Letters.]
With regard to Regulations of the Constitution on Protection of Personal Data,
the Parliament hereby adopts the following Act on Keeping Records on the
Personal Data and Address of citizens:
Based on the authorization included in Section 47 Subsection (1) Paragraphs a)
and c) of Act LXVI of 1992 on Keeping Records on the Personal Data and Address
of citizens (hereinafter referred to as: Personal Data Registration Act), the
Government hereby provides as follows:
Chapter I
GENERAL PROVISIONS
Aim of the Act
Act, Section 1 (1) The aim of this Act is to determine legal conditions for
keeping records on the personal data and address of citizens (hereinafter
referred to as: Register, Records or Registration).
(2) The Registration contains the basic personal and address data which are
necessary for certifying identification of the person of citizens in their
mutual legal relations as well as satisfying the statutory demand for data by
the administrative and judicial authorities, the local governments and any other
natural and legal person or entity without legal personality. (3) This Act shall
guarantee the accordance between the right of self-determination of a natural
person (hereinafter referred to as: citizen) as well as the general interest for
use of personal identification and address information necessary for enforcement
of any other constitutional right and ensuring efficiency of the Administration.
(4) This Act shall guarantee the legality of Registration by its
purpose-relatedness, by exact determination of the conditions of data management
and the range of data, through distribution of the powers among the registration
organs as well as by limitation of the data management in time.
(5) This Act shall lay down rules of guarantee for protection of the data
managed in the Register as well as stipulate the obligation for controlling the
data management and the service.
(6) The personal identification mark may only be used in a limited circle
provided for in this Act and under regulated conditions as well as till the date
laid down hereunder.
Basic principles of the Act
Act, Section 2 (1) Unless otherwise provided by act, any citizen is entitled to
prohibit delivery of the data recorded on him/her. The data affected by the
prohibition may be disclosed upon special approval by the citizen granted for
this purpose. The costs and expenses of this latter procedure shall be paid by
the applicant.
(2) Unless otherwise provided by act, the Organs of Registration (Section 6) may
not get acquainted with those data managed by data managers to which they
provide information, except for the information necessary for performance of the
data provision.
(3) The citizens, the government and local government organs, any other legal
person as well as entities without legal personality (hereinafter jointly
referred to as: Data Requesting Organization) may primarily request data from
the citizens concerned. The provision of data from the Register may be used if
the data necessary for the procedure can not be obtained from the citizen or the
data disclosed by him are not appropriate for identification as well as if the
direct request of data from the Register, also observing the right for
protection of data, releases the citizen from an obligation of multiple data
provision.
(4) The Data Requesting Organizations may request only such personal data from
the citizen or the Register for which acts or local government decrees entitle
them for the purpose of enforcement of their rights or performance of their
tasks under act or statutory authorization within the scope determined therein.
(5) Except for duties related to census of population and data management by the
Central Statistics Office for statistical purposes, the Registration organs may
provide data for statistical purposes only in a way by which the relation
between the citizen and the data can not be restored.
(6) Unless otherwise provided by acts, personal and address information may be
collected for full range of the citizens subject to Registration only by the
registration organs.
Declaration for limiting, prohibiting data provision
ImpD, Section 1 Any citizen can submit his/her declaration for limiting or
prohibiting provision of his/her data (hereinafter referred to as: Declaration
on Limitation, Annex 1) as well as its withdrawal personally or through its
authorized agent and by registered mail at the local registration organ
competent in jurisdiction of his/her place of domicile or residence as well at
the Central Office of Registration (hereinafter referred to as: Central Office).
The citizen may submit his/her Declaration and its withdrawal also
electronically at the Central Office.
ImpD, Section 2 The registration organ at which the citizen has made or
withdrawn his/her Declaration of Limitation shall arrange for entering the
change of data in the Register without delay but latest within five working days.
Definition and tasks and duties of the Registration
Act, Section 3 (1) Registration is such an authority register which contains
personal and address information of the citizens specified in this Act as well
as any change developing in them.
(2) The duty of the Registration is to collect and manage the data provided for
in this Act and their changes, to issue certificates on them and to provide data
to any eligible person specified in acts.
ImpD, Section 2/A (1) Matters relating to recording, delivery of certifications
issued under the registration and to data provision based on the data registered,
with exceptions referred to in Paragraph (2), may not be arranged electronically.
(2) The concerned person can require information on his/her own recorded data
and on the fact to which data provisions he/she had been subjected also
electronically, he/she can request change, correction of his/her data as well as
replacement of any authority certificate got out of his/her possession [ImpD,
Section 18 Subsection (3) Paragraph b)]. The case types specified in Section 17
Subsection (2) Paragraph a) of Personal Data Registration Act, in Section 17
Subsection (4) of Personal Data Registration Act and Section 29 Subsection (2)
of Personal Data Registration Act can be arranged also in electronic way.
Scope of the Act
Act, Section 4 (1) The following persons are subject to the Act:
a) Hungarian nationals living in the territory of the Republic of Hungary,
immigrants, persons with permanent residence (hereinafter referred to as: New
Residents) and persons recognized as refugees,
b) citizens of any member state being party in the European Economic Area
Agreement if they dispose of an EEA residence permit issued by the Hungarian
immigration authorities (hereinafter referred to as: EEA Nationals).
(2) Hungarian nationals living abroad or those leaving the territory of the
Republic of Hungary with intention of establishing permanent residence abroad
are only subject to the Act if they, after certifying their Hungarian
nationality, require including their data in the Register or further management
of their existing data. On their request, their data, except for the archive
data, must be deleted from the Register.
(3) The scope of this Act covers:
a) the registration procedure of personal data and address, the announcement
procedure of personal data and address,
b) the procedure of issuance of a personal identification certificate, except
for Hungarian nationals living abroad and the EEC citizens, as well as
c) procedure relating to issuance of any other document designed for
identification of person and certifying eligibility.
Registration of Hungarian nationals living abroad
ImpD, Section 3 (1) Any Hungarian national living abroad may request including
his/her data in the Register or deleting them, announce any change in his/her
data registered and give or withdraw his/her Declaration on Limitation at the
foreign mission of Hungary or at the Central Office.
(2) The person should be recorded as a Hungarian national living abroad
a) who has left the country with intention of establishing permanent residence
abroad,
b) whose data are included in passive file of the Register because they left the
country,
c) who was not subject to the registration earlier either because of living
abroad.
(3) A person registered as a Hungarian national living abroad but having place
of residence in Hungary may request deletion of his/her data, announce changes
in his/her data and make or withdraw his/her Declaration limiting provision of
his/her data also at the Municipality Clerk competent at his/her place of
residence.
(4) In the registration procedure, the Hungarian nationality of a person living
abroad can be certified by a valid passport or a Nationality Certificate issued
not earlier than one year before. He can certify his/her other particulars by
passport or any document underlying issuance of the passport and in respect of
his/her family status by his/her own declaration.
ImpD, Section 4 (1)
(2) As place of domicile the country, locality and home address (mail address)
announced by the Hungarian national living abroad must be entered in the
Register.
(3) Unless otherwise informed, the registered data of any Hungarian national
living abroad remain in active file until his/her reaching the age of 100 years.
ImpD, Section 5 (1) The foreign mission of Hungary shall notify the Central
Office on any application relating the registration as well as any change in
data announced or having become known to it.
(2) In the matters of registration of a Hungarian national living abroad, except
for the case of a client in minor age as well as unless earlier time is
justified for elimination of a situation endangering life or threatening with
serious damage or if it is otherwise necessary, the processing time is sixty
days.
(3) In case of an incomplete application, the deadline for provision of the
missing information is fifteen days from receipt of the application.
(4) The Central Office is responsible for performing the duties relating to
issuance, registration and delivery of the Authority Certificate on Personal
Identifier and Address of Domicile for Hungarian nationals living abroad without
any place of residence in Hungary.
(5) When submitting application by the citizen for deletion his/her data from
the Register or at the date of expatriation of Hungarian nationality, the
citizen must leave on his/her Authority Certificate on Personal Identifier and
Address of Domicile at the foreign mission of Hungary, in the Central Office or
with the Municipality Clerk competent at his/her place of domicile.
Interpretative Provisions
Act, Section 5 For the purpose of this Act:
(1) Natural identification data of the citizen: family and given name(s), in
case of women her maiden family and given name(s) (hereinafter jointly referred
to as: name); gender; place and date of birth; mother's family and given name(s)
(hereinafter referred to as: Mother's Name).
(2) Place of domicile of the citizen: the address of the flat in which the
citizen lives. For the purpose of announcement of address, flat means the
building or part of building consisting of one or more living rooms which serves
for home of the citizen's regular living as well as, except for Hungarian and
non-Hungarian nationals living abroad, the room where the person dwells for
emergency reason, or, if he/she does not have any other flat, stays for night.
(3) Place of residence of the citizen: the address of the flat where he/she
resides for longer then three months, without wanting to finally leave his/her
place of domicile.
(4) Address data of the citizen: the address of his/her registered place of
domicile or place of residence (hereinafter jointly referred to as: Address).
(5) Place of domicile of a Hungarian national subject to the Act, living abroad
[Section 4 Subsection (2)] is the address of the flat abroad which is indicated
by him as his/her home.
(6) The personal identification mark: a code designed for individual
identification of the citizens subject to registration that has been created by
mathematical method in the way as described in the Annex to this Act.
(7) Data provision: disclosure of data of the citizens included in the Register
with content and ampleness as provided for in the Act. Extended definitions:
a) individual data provision: provision of data of a particular citizen;
b) group data provision: regular or ad hoc provision of data of citizens
constituting parts of a group created according to terms defined by the
applicant of the data or by laws.
(8) The Identity Card: an Authority Certificate authentically certifying the
personal identity of the citizen and his/her data provided for in this Act.
(9) Basic documents of the Registration the documents under which the personal
and address information of the citizen and any change in them have been
recorded.
(10) Archive data: the data which, due to changes in data of the citizen, are
not parts of the current and the historical data file any more, furthermore,
those basic documents which were the basis of the Register.
(11) Personal identifier: a series of digits created in a way set out in a
specific act, not referring to any special information, definitely identifying
the citizen subject to registration during data management provided for by act.
(12) Document identifier: a mark applied for identification of the Authority
Certificate Form on the Personal Identifier and Address or the Personal Identity
Card Form.
Chapter II
Organization, rules of power and competence of the Register
Act, Section 6 (1) The duties specified in this Act shall be performed by the
Municipality Clerk of the self-government of the locality (Budapest district),
the head of the county, Budapest administrative agency and the Central Office
with countrywide competence referred to in Section 9.
(2) Performance of duties specified in this Act shall be governed by the
Minister of the Interior.
Act, Section 7 (1)
(2) The Municipality Clerk
a) shall initiate entering the data or changes in data of any citizen having
address of domicile within the administrative jurisdiction of the locality as
well as any change in data of the citizen occurred within the administrative
jurisdiction of the locality in the Register.
b) shall perform any duty in relation to the supply of the citizen with a
personal identifier, its amendment or withdrawal;
c) shall perform the duties of an authority of first instance relating to noting
the announcement of address;
in case of existence of the conditions provided for in the Act, provides data
from the Register;
e) in the case of impairment of the person concerned for health reason, he/she
takes over the application of the citizen for issuance of an Identity Card,
checks the eligibility and identity of the applicant and performs the authority
duties referred to his/her sphere of activity in respect of forwarding the
application;
f) shall issue notarial document on the data registered;
g) shall ensure protection of the personal data.
(3) The Municipality Clerk shall forward the data recorded and managed by him to
the Central Register in the way as provided for by the Minister of the Interior
as well as shall enter the changes in the data in the register managed locally.
Act, Section 7/A (1) The Clerk of the local government of the municipality
(Budapest district) appointed in a Government Decree, performing activities as a
regional center shall operate a Document Office for which the continuous and
professionally proper operation is ensured by local government of the
municipality (Budapest district) . The Municipality Clerk
a) shall check the data of the application for issuance of an Identity Card,
arrange completion of the document and provide for delivery it to the citizen;
b) performs the duties of completion, registration and delivery of the Authority
Certificate on the Personal Identifier and Address of Domicile to the citizen;
c) performs the data management duties referred to his/her sphere of activity in
respect of issuance of documents designed for personal identification as well
certifying eligibility, as provided for in act.
(2) The Clerk of the municipality (Budapest district) local government
performing regional center activities shall proceed in the authority matters
relating to the identity card with a possibility of appeal.
Act, Section 7B The Municipality Clerk performing regional center activities,
except for provisions of Section 9 Subsection (2) Paragraphs k)-l), shall enter
the personal and address information, data changes and data corrections in the
Register,
a) in respect of the Municipality Clerk and citizen having address of domicile
within his/her own jurisdiction as well as
b) in his/her power as an authority of first instance in relation to issuance of
the Authority Certificate on the Personal identifier and Address of Domicile, as
provided for in a Government Decree.
Address Register
ImpD 6 Section (1) The Organs of Registration shall keep Address Register on the
addresses located on the territory of their jurisdiction which contains
a) the name of the municipality, in Budapest also the number of the district;
b) name of the part of municipality and the town district;
c) the postal code;
d) name and type of the public area (e.g. street, alley, square etc.);
e) the street-number, in absence of it, the topographical lot number, extended
with the number or marking of the building, the staircase, the floor and the
door;
f) type of the address (e.g. dwelling house, public institution, empty ground
etc.).
(2)
(3) The Municipality Clerk shall make statement of the addresses on basis of the
Decree of the Local Representative Bodies of Self-Government on Denomination of
Public Areas [Section 10 Paragraph h) of Act LXV of 1990 on Local Governments
(hereinafter referred to as: LGA)] and on Demerger and Integration of
Municipalities as well as on Attachment of Territories to Other Municipalities
(Sections 52-58 of LGA), and on basis of the Building Authority.
(4) The Clerk of the Local Government of the township, town – in Budapest that
of the district – (hereinafter referred to as: Local Government) shall advise
the Central Office on the change of territory to which the territory concerned
were attached.
(5) Within the same municipality – in Budapest within the same district – there
can be public areas with different names and in case of the same name with
different types .
ImpD, Section 7 (1) The Municipality Clerk shall inform the Central Office on
any change in the data of the Local Address Register kept with the Mayor's
Office within five working days after the relevant decree becomes legally
binding.
(2) On request of the Central Office, the Municipality Clerk shall provide data
on changes in the regional organization.
Duties at local level
ImpD, Section 8 (1) At local level, the Register is managed in the mayor's
office of the local government of the municipality on computer, and temporarily
manually (on cartons).
(2) The Municipality Clerk competent according to the new organizational system
shall advise the Central Office on any change of the organ managing the Register
at local level within five working days after the Decree becomes legally binding
through the Clerk of the Local Government of the Municipality performing
activities as a regional center, appointed in a Government Decree (hereinafter
referred to as: Region Center Clerk).
ImpD, Section 9 (1) For the purpose of keeping continuous and updated Register,
the Municipality Clerk shall provide for entering any change in data occurred
within its jurisdiction in the Register as well as shall keep track if
forwarding and entering the changes of data in the Register has been effected.
(2) The Municipality Clerk shall forward any change in data and their basic
documents without delay but latest within five working days to the Region Center
Clerk who, after processing, except for basic documents issued by the Registrar
General, shall ensure forwarding the documents to the Central Office as well as
returning the basic documents issued by the Registrar General.
(3) If the change in data is announced in a procedure relating to issuance of
the Identity Card as well as any other document serving for personal
identification and certifying the eligibility, the Region Center Clerk shall
advise the Central Office on the change in data.
(4) The Regional Center Clerk shall send the basic documents of the data changes
(except for basic documents issued by the Registrar General) without delay but
latest within five working days directly to the Central Office.
ImpD, Section 10
Act, Section 8 (1) The Head of the County or Budapest Administrative Agency, for
the whole territory of his/her jurisdiction,
a) shall exercise supervision over the local registration activity;
h) controls the effectiveness of protection of personal data and if necessary,
restores the legal status.
(2) When providing technical facilities for operation of the Register, the Head
of the County, Budapest Administrative Agency
a) shall participate in organization of data management and data provision of
the Register;
b)-c)
Duties of the regional authorities
ImpD, Section 11 The Head of the County, Budapest Administrative Agency shall
a) enforce the professional directives of the Central Office and regularly
controls their execution, inform the Central Office on his/her supervision,
coordination activity;
b) exercise supervision over processing the personal, address and address
recording data and forwarding them within the Recording System;
c) take measures for elimination of any breach of regulations that has become
known to him as well as for correction of any data error or deviation;
d) take measures for entering any change in the regional organization exceeding
the level of municipality but not affecting the border of county in the Register
and forward the data of such changes to the Central Office;
e) have authority power of second instance in respect of any decision made by
the Municipality Clerk in registration matters with the possibility of appeal;
f) exercise technical supervision over the management of the register by
computer at local level;
g) provide for installation of any computer technology device and program system
necessary for operation of the local and regional computer systems of the
Register;
h) ensure operation of the regional data collection and data distribution as
well as the communication a supervision systems.
Act, Section 9 (1) Data manager of the Register of Personal Data and Address of
Domicile is the independent Central Office under supervision of the Minister of
the Interior, with countrywide competence (hereinafter referred to as: Office).
(2) Duties and scope of activities of the Office:
a) professionally administers and controls performance of duties of the
registration organs;
b) in its competence as authority ensures creation of the personal identifier;
c) manages and operates the central system of the Register and, in case of
existence of the conditions specified by act, performs provision of data within
his/her competence as an authority of first instance;
d) checks the correctness of the data managed in the Register;
e) acts as an authority of second instance in respect of decrees made by the
County Administrative Agency with the possibility of appeal;
f) within its competence as an authority of first instance, pursuant to Section
4 Subsection (2), performs the duties relating to recording the data of
Hungarian nationals subject to the Act living abroad, amendment and/or deletion
of the data registered;
g) may assign a data processing agent for performance of data management
operations and technical tasks;
h) for the purpose of identification and verification of the data of the citizen
indicated in the Identity Card, it manages the data as specified in Section 29
Subsection (3), furthermore, the data referring to loosing or finding the
Identity Card as well as the fact of and the following reasons for forfeiture or
withdrawal of the Identity Card:
ha) joining the army,
hb) commence of serving prison time, involuntary treatment in a mental
institution or confinement replacing financial penalty, the apprehension or
preliminary arrest,
hc) leaving the territory of the Republic of Hungary with intention of
establishment permanent residence abroad,
hd) withdrawal of the immigration permit as well as extinguishment of the legal
status as refugee,
he) extinction of the Hungarian national status,
hf) death of the owner;
i) manages the central archive of documents;
j) within his/her power as an authority of first instance, performs the tasks as
provided for in Section 7/A with countrywide competence if the application is
submitted at the Office;
k) within his/her competence as an authority of first instance, performs
recording of changes in nationality and name data of a citizen obtaining the
Hungarian national status by nationalization or repatriation (hereinafter
referred to as: Nationalization);
l) within his/her competence as an authority of first instance, performs the
task relating to recording of the personal and address information of the
citizens who established residence.
(3) In the Central Archives of the Office, saved on data sheets or computer data
carriers, it manages:
a) the data sheets and photos of Identity Cards, the address announcement sheets
as well as any document certifying the changes of data specified in such
documents;
b) notifications of the Hungarian nationals living abroad relating to the
Register as well as the documents containing their declarations;
c) the basic documents relating to recording data, the deletion from them, the
limitation of data provision, the data changes, data corrections generated in
the recording process, except for basic documents of registrations in the
Register of Birth, Marriage and Death;
d) the documents of region organization, administration organization and change
of addresses.
(4) The Central Archive shall manage the documents and photos issued before 1
June 1993 according to Section 3 Subsection a) separated, as a closed archive.
In this data file only the reason and date of passivation can be entered.
Data provision may be effected from the data file, beside the concerned person,
only for performance of tasks by the Court and the National Security Services,
the investigating authorities, the Prosecution as well by the Agency of the
Ministry of the Interior administering nationality and name changing matters
provided for by act, furthermore, for a person requiring data certifying the
purpose and legal title of using the data specified in Section 17 Subsection (2)
Paragraphs a)-c), provided the data provision can not be performed from the
historical data file.
Act, Section 10 The Minister of the Interior shall:
a) conduct and control performance of the administration as well as technical,
information technology and financial tasks in respect of recording by the
registration organs,
b) determine the organizational frames of operation of the central system of the
Register,
c) direct the Office, appoints its head and approves its organizational and
operational regulations;
d) control the implementation of protection of the personal data;
e) define the scope of activities and authorities of the persons responsible for
data protection [Section 30 Subsection (2)];
f) determine the operational standards of the Register.
Duties of the Central Office
ImpD, Section 12 (1) Within its competence as an authority of first instance,
the Central Office shall
a) decide on issuance, amendment or withdrawal of the personal identifier;
b) decide on recording of the Hungarian nationals living abroad, on correction,
amendment and deletion of their data;
c) decide in the matters of applications submitted to it on issuance or
withdrawal of the Identity Card as well as the Authority Certificate on the
Personal Identifier and Address of Domicile;
d) perforn individual and group data provision;
e) decide on recording of a nationalized, repatriated (hereinafter jointly
referred to as: nationalized) citizen, on correction, amendment and deletion of
his/her data as well as on issuance or withdrawal of his/her Identity Card and
Authority Certificate on the Personal Identifier and Address of Domicile;
f) record the personal and address information of the citizens having permanent
residency (hereinafter referred to as: New Resident).
(2) The Central Office operates the central system of recording, furthermore,
collaborates in development of the information technology and system technology
standards of the Register, qualifies the software managing the Register, permits
their use, controls implementation of the standards and technical
specifications.
(3) The Central Office ensures implementation of system technological
developments necessary for performance of the tasks provided for in law,
including elaboration and forwarding of such systems to the competent organs
that enable maintenance of the data file by computer technology method.
(4) After publishing the regional development decision, the Central Office
provides for entering the administrative changes in the Register.
(5) The head of the Central Office shall act in the matters in which the Central
Office exercises the competence of an authority of first instance.
ImpD, Section 13 The Central Office exercises supervision over the authority
activity of the local and regional organs of Registration in respect of
registration of address of domicile. The Central Office is entitled to examine
any individual data error developed at any organ or the operator or the Register
and may give instruction on the method of elimination of the error.
ImpD, Section 14 (1) The Central Office makes professional supervision over the
authority activity performed by the Regional Center Clerk in respect of the
Authority Certificate on the Personal Identifier and Address of Domicile
(hereinafter referred to as: Authority Certificate).
(2) In the case of an application submitted pursuant to Section 21 Subsection 2,
the Central Office shall, after checking the personal and address information
announced, initiate decision by the Clerk on recording of the citizen and
issuance of the Authority Certificate.
(3) The Central Office shall lay down in the Document Register the occurrence of
completion of the Authority Certificate issued by it and manage the basic
documents generated in the procedure, in accordance with Section 9 Subsection
(3) of Personal Data Registration Act.
(4) On the basis of announcements submitted to it, the Central Office shall
provide for entering the fact of withdrawal, loss as well as deterioration of
the Authority Certificate in the Document Register.
Chapter III
Data of the Register
Act, Section 11 (1) The Register shall contain for the citizen
a) the name;
b) the Hungarian or foreign national or stateless status (hereinafter referred
to as: Nationality) as well as his/her legal status as refugee, immigrant, New
Residents or person with EEA residence permit;
c) gender;
d) place and date of birth;
e) mother's name;
f) personal identifier;
g) place and date of his/her death (declaration of his/her death or
establishment of the fact of death by court;)
h) his/her address of domicile;
i) limitation or prohibition of data provision as provided for in Section 2
Subsection (1);
j) indication of regular data provision from his/her data;
k) his/her family status, place of contraction of marriage;
l) his/her portrait photo, signature;
m) document identifier of his/her Identity Card as well as his/her Authority
Certificate on the Personal Identifier and Address of Domicile.
(2) The register shall contain the data of the EEA national specified in
Subsection (1) Paragraphs a)-j), the validity period of his/her EEA residence
permit as well as the document identifier of his/her Authority Certificate on
the Personal Identifier and Address of Domicile.
(3)
(4)-(5)
ImpD, Section 15 (1) The Register shall contain the name data with observation
of the rules on registration in the Register of Birth, Marriage and Death with
the provision that, as a maximum, a family name of two members and two given
names can be indicated in the Register as well as in any document issued under
it. The doctorate should be recorded on request of the person concerned
according to the rules applicable to the use of names and to registration names
in the Register of Birth, Marriage and Death.
(2) In case of birth or death occurred abroad, the Register shall contain the
name of the country in Hungarian language in addition to the official name of
the municipality.
(3) The basic documents of registration of events of birth, marriage and death
are the same as basic documents of the Register which shall be held by the
Registrar General competent in the jurisdiction of the event, in accordance with
the regulations on Register of Birth, Marriage and Death.
(4) If the municipality has an equivalent in Hungarian, the Register should
contain this information, as well, on request of the citizen.
(5) The Register shall manage the data by using the letters of the Hungarian
alphabet.
(6) Data content of the address of domicile:
a) name of the municipality, in Budapest also the number of the district;
b) postal code;
c) name and character of the public area;
d) street-number (topographical lot number);
e) building, staircase, storey (floor), door.
(7) The dates of generation, change and cancellation of data as well as the date
of renewal of the place of residence must be laid down In the Register.
(8) The organs and operators of the Register shall manage those data with
technical and not personal character which are necessary for operation of the
Register, including in particular the identification details as well as password
systems the organs of the Register and the persons using the service.
ImpD, Section 15/A (1) If the Central Office is who proceeds as an authority of
first instance, in the procedures set out in Section 4 Subsection (3) Paragraphs
a/-c), except the data provisions specified in Sections 17-24/A of Personal Data
Registration Act, the data included in the notification issued by the
institution of the Ministry of the Interior competent in nationality matters
should be taken into consideration in case of a nationalized citizen during
preparation of decisions.
(2) The provisions of Subsection (1) may not be applied after the nationalized
citizen had sworn the oath or wow for nationality as well as if the decision on
nationalization, repatriation had repealed.
Act, Section 12 (1) The historical file of the Register shall contain all past
and existing data subject to the Act of the citizen and changes of data from
death of the person concerned, extinction of his/her national status as well as
from his/her leaving the country with intention of establishing residence
abroad, from extinction of his/her legal status as immigrant, refugee, New
Resident as well as for 15 years from expiry of validity of his/her EEA
residence permit, unless the extinction of his/her legal status was caused by
obtainment of the Hungarian national status.
(2) The data and documents provided for in Section 9 Subsection (3) shall be
kept in custody in the Central Archives for forty years from the expiry of the
date specified in Subsection (1).
(3) With exception referred to in Section 9 Subsection (4), data can be provided
from the historical file of the Register as well as from the Central Archives
according to the general rules of this Act.
(4) The data and documents kept in custody in the historical file as well as in
the Central Archives must be destroyed or deleted within one year after expiry
of the custody time provided for in this Act.
The Personal Identifier
Act, Section 13 The organ of registration shall inform the concerned person, with exception of a new-born infant, on his/her Personal Identifier by an Authority Certificate.
Authority Certificate on the Personal Identifier and Address of Domicile
ImpD, Section 16 (1) The aim of the Authority Certificate described in Section
29 of Act XX of 1996 on the Methods of Identification and on the Use of
Identification Codes replacing Personal Identification Numbers (hereinafter
referred to as: PersIdA) is to inform the citizens on their personal identifier
and registered address for the purpose that the citizens be able to
authentically certify them for meeting their obligation provided for in the
Civil Code.
(2) In addition to the data specified in Section 29 Subsection (1) of the
PersIdA, the Authority Certificate contains the document identifier, the date of
issue and name of the issuing authority of the Authority Certificate.
(3) The Authority Certificate contains the Personal Identifier also in form of a
bar code suitable for reading by machine that can be read only by the persons
authorized for management of the Personal Identifier by act.
(4) When entering the foreign place of birth of the citizen in the Authority
Certificate, the known Hungarian name and the name of the country must be
indicated in addition to the official name of the settlement.
(5) A citizen can only have one valid Authority Certificate at a time.
ImpD, Section 17 (1) The following persons shall act in any authority matter in
respect of the Authority Certificate:
a) the Municipality Clerk competent in the jurisdiction of the place of domicile
or residence of the citizen concerned in the case of blood-related
(confidential) adoption or change in names as well as in the procedure of
registration or announcement of address of domicile;
b) the competent Region Center Clerk in the procedure of issuance of an Identity
Card or in case of correction of data entered by error in the Authority
Certificate or in case of production error of the Authority Certificate;
c) the Central Office in the procedure relating to registration of nationalized
citizens and New Residents as well as Hungarian nationals living abroad,
furthermore, to withdrawal or cancellation of the Personal Identifier.
(2) The proceeding authority
a) shall decide on issuance or refusal of issuance of an Authority Certificate
as well as on replacement of withdrawal of the Authority Certificate;
b) shall perform the tasks for entering any data change experienced or announced
by the citizen during the arrangements with regard to the Authority Certificate
as well as for correction of erroneous data in the Register of Personal Data and
Address of Domicile;
c) shall manage the basic data relating to refusal of issuance of the Authority
Certificate;
d) shall provide for entering the fact of issuance, withdrawal, giving back,
loosing, destruction and finding of the Authority Certificate in the Document
Register.
(3) In the cases as specified in Subsection (2) Paragraphs a) and b), the
proceeding authority shall provide the data and documents necessary for
completion of the Authority Certificate to the Region Center Clerk.
ImpD, Section 18 (1) The procedure relating to issuance of an Authority
Certificate can be initiated ex officio or on application. The application for
issuance of an Authority Certificated can be submitted by the client also in
electronic way.
(2) Issuance of an Authority Certificate shall be made ex officio if
a) it takes place within the procedure of issuance of an Identity Card and in
the way that the citizen have his/her old type identity document also containing
the address replaced and he/she has not been provided yet with an Authority
Certificate.
b) it takes place in the procedure relating to issuance or change of the
Personal Identifier as well as in the procedure relating to recording of a
nationalized citizen or registration of address;
c) the Authority Certificate was issued owing to rectification of erroneously
registered data or production error of the Authority Certificate;
d) a citizen leaving the territory of the Republic of Hungary with intention of
establishment permanent residence abroad requests continued management of
his/her data in the Register.
(3) The Authority Certificate shall be issued on request of the citizen
concerned if
b) personal data not affecting the Personal Identifier of the citizen (name
data, mother's name) have changed;
b) the citizen has no Authority Certificate because it had got out of his
possession (lost, appropriated, destroyed);
c) the Authority Certificate had been deteriorated;
d) the name and postal code of the location of the address of the citizen, name
or type of the public area registered as address of domicile or the
street-number has changed (change of address).
(4) The Authority Certificate shall be handed over
a) to the legal representative of a new-born infant, by the General Registrar,
b) to a Hungarian national living abroad, by the foreign mission of Hungary;
c) in any other case occurred during the procedure relating to recording and
announcement of address of domicile, by the Municipality Clerk,
d) in case of simultaneous issuance of a permanent Identity Card, by the Region
Center Clerk,
e) for a nationalized citizen, when swearing the oath for nationality, by the
Mayor.
(5) The Central Office may hand over the Authority Certificate directly to the
person concerned.
ImpD, Section 19 (1) The Municipality Clerk competent in the jurisdiction of
place of domicile of the citizen through the competent Region Center Clerk, and
in case of a Hungarian national living abroad the Central Office shall issue a
new Authority Certificate on application by the citizen if he/she has lost the
earlier issued Certificate, it perished or became unusable due to its damage.
(2) A Certificate is invalid if
a) the data entered in it has changed,
b) it has got damaged, lost or was stolen,
c) it contains false data, the address entered in it is invalid or indicated
with a false marking as well as it was issued by an unauthorized body,
d) the eligibility to the Authority Certificate has ceased,
d) the citizen has died.
d) The eligibility to the Authority Certificate ceases if
a) a Hungarian national leaves the territory of the Republic of Hungary with
intention of establishment permanent residence abroad or requests that his/her
data remain registered as a Hungarian national leaving abroad;
b) the validity of permit authorizing the alien subject to registration for
residing in Hungary has, without extension, expired or it has been withdrawn;
c)
d) the decision on recognition as a refugee of a person with legal status of
refugee has been withdrawn;
e) if the Hungarian national leaving abroad requests deletion of his/her data
from the Register, as well as
f) in case of expatriation of the Hungarian nationality.
(4) In the case mentioned in Paragraphs a)-e), the Municipality Clerk competent
in jurisdiction of the place of domicile or residence of the citizen, the
Registrar General competent in jurisdiction of the place of death or the Central
Office shall arrange withdrawal, invalidation of the Authority Certificate and
entering the fact of invalidation in the register of the Authority Certificate.
(5) In the cases mentioned in Subsection (3) Paragraph b), the immigration
authority competent in jurisdiction of the place of domicile of the person
concerned shall take measures for withdrawal of the Authority Certificate. The
Authority Certificate must be forwarded to the Region Center Clerk competent in
the jurisdiction of the place of domicile for invalidation.
(6) In cases referred to in Subsection (3) Paragraphs b/ and d), the withdrawal
can be ordered also by the refugee authorities competent in the jurisdiction of
the place of domicile of the concerned refugee. The refugee authorities shall
forward the withdrawn Authority Certificate to the competent Municipality Clerk
or the Central Office for the purpose of entering the invalidation as well as
the performed invalidation in the Register of Authority Certificates.
(7) The invalid Authority Certificate as well as in case of death of the citizen
concerned, his Authority Certificate must be delivered to the authority
mentioned in Subsections (4)-(6) by his/her family members or the medical
institution.
Data sources of the Register
Act, Section 14 The organs of registration can collect the data managed by them
from the following sources:
a) the registered address of domicile of the citizen;
h) the application by the citizen for issuance of a Personal Identifier, the
documents attached to it as well as his/her portrait photo and own hand
signature;
c) notification of the Registrar General sent from the Register of Birth,
Marriage and Death;
d) notification by the institution managing the central immigration register;
e) notification by the foreign mission of Hungary;
f)
g) the law publishing the regional organization measure;
h) a notification sent by the Clerk (Chief Clerk) of the local self-government
(on the decisions on regional organization, name-giving for public areas and on
changes of street-numbers);
i) notification by the organ arranging nationality matters on obtainment of the
Hungarian nationality by nationalization and on the change of name permitted by
it as well as on termination of the Hungarian national status.
j) application of the citizen for prohibition of correction of his/her data;
k) the decisions made by the Municipality Clerk, the Head of the County,
Budapest Administrative Agency as well as by the courts in the matter of
registration procedure.
l) application by a Hungarian National living abroad;
(m)
Act, Section 15 (1) When applying registration of address of domicile by the
citizen, he/she shall provide the local registration organ with the following
details:
a) name, mother's name;
b) place and date of birth;
c) his/her Personal Identification Number;
d) nationality;
b) previous address;
f) new address;
g) date of application for registration;
h) the approval by the owner or any other person entitled to use the flat in any
other way.
(2) When submitting his/her application for issuance of an Identity Card, the
citizen shall make available and certify his/her data, portrait photo referred
to in Section 29 Subsection (3) by the former Identity Card (Document) or by
his/her Certificate of Birth or any other public instrument and sign the
application by witness of his/her hand.
Act, Section 16 The Registrar General shall inform the Organ of Registration on
the data specified in Section 11 Subsection (1) registered in the Register of
Birth, Marriage and Death as well as on their changes.
Notification obligations to the Register
ImpD, Section 20 The Registrar General shall inform the Municipality Clerk
competent in his jurisdiction on the basic and subsequent entries and
corrections recorded in the Register within five working days.
ImpD, Section 21 (1) A Hungarian National returning from abroad shall have
registered the personal and address details necessary for recording at the
Municipality Clerk in jurisdiction of his/her place of domicile within three
working days from his/her movement to the place of domicile in Hungary, the
immigrant and the person with EEA residence permit provided for in a special act
(hereinafter referred to as: EEA residence permit holder) from receipt of
his/her permit entitling him/her for residing in Hungary, and the person
recognized as a refugee (hereinafter referred to as: Refugee) from the date of
becoming the decision recognizing this legal status final and binding. The
Municipality Clerk shall issue an Authority Certificate on the effected
recording of the data.
(2) A New Resident is obliged to notify the Central Office on his/her personal
and address information necessary for recording within three working days after
receipt of his permit entitling for residence in Hungary. The Central Office
shall issue an Authority Certificate on the effected recording of the data. The
Immigrant, the EEA residence permit holder as well as the Refugee may submit
his/her application for recording also at the Central Office.
(3) In case of a Hungarian national leaving the territory of the Republic of
Hungary with intention of establishing residence abroad, if he/she makes a
negative declaration in respect of management of his/her data, the Municipality
Clerk shall withdraw the Authority Certificate issued on the Personal
Identifier.
(4) In case of a registered citizen temporarily residing abroad and intending to
establish permanent residence abroad, the foreign mission of Hungary shall
notify the Central Office by the Address Announcement Sheet filled out by the
citizen and by sending the Authority Certificate withdrawn because of the
negative declaration.
(5) The Registrar General shall advice the Central Office on the date set for
swearing the oath for nationality as well as on the effected swearing within
five working days.
(6) The institution of the Ministry of the Interior competent in nationality
matters shall advise the Central Office on the issuance of the deed of
nationalization, the name change permitted in the nationalization and
repatriation procedure as well as on extinction of the national status without
delay.
(7) The refugee authorities shall advise the Central Office on the legally
binding extinguishment of the legal status as refugee without delay.
(8) The immigration authorities shall advise the Central Office through the
institution managing the central immigration register without delay
a) on extinction of the legal status as Immigrant or New Resident,
b) on expiry of the residence permit of a person subject to EEA residence permit
due to failure of extending its validity or on withdrawal of the permit.
(9) The Municipality Clerk shall ensure entering the content of the legally
binding and executable decisions made in his own competence or by the competent
regional authority and the court on basis of notification received by such
organs in the Register.
Chapter IV
Data provision from the Register
Act, Section 17 (1) On application by the citizen or a legal entity or an entity
without legal personality, the organs of registration shall provide data under
the conditions and within the limitations laid down in this Act, in case of
evidence of the purpose and legal title of their use.
(2) Data can be provided from the register according to the following groups:
a) name and address details (information on the address of domicile);
b) name and address information, mother's name, nationality, place of birth,
date of birth, family status, place of contraction of marriage, gender, reason,
place and date of cancellation from the register;
c) the data specified in Paragraph b) and the Personal Identification Number;
d) full range of data registered.
(3) The organs of registration may use the data specified in Section 11
Subsections (1) and (4) under the conditions included in Section 2 Subsection
(5) for statistical purposes and may publish them.
(4) The Office shall provide data on issuance, validity, loss, theft,
destruction, finding and turning up of the documents to an applicant giving the
document identifier of the Identity Card as well as the Authority Certificate on
the Personal Identifier and Address of Domicile even without evidencing the
purpose and legal title of their use.
(5) For the purpose of counteracting unauthorized use of the Identity Card, the
Municipality Clerk performing the duties of a regional center as well as the
Office shall advise the Division of the Police keeping register on watching
persons, objects and motor vehicles on the data of the Identity Card, the loss,
theft or destruction of which has been announced.
(6) Pursuant to law and based on the approval by the person affected, the Office
may provide information on the data specified in Section 29 Subsection (3) and
the address of domicile to the applicant authorized for management of the data
after checking the data of the Identity Card as well as the address of the
person affected for the purpose of identification of the person affected. After
identification of the person, the applicant of information shall delete the
portrait photo and the signature of the person concerned without delay, unless
the affected person approved to continue handling of the data or it is allowed
by law.
(7) For the purpose of preventing the illegal travelling abroad as well as
checking the Personal Identifier by identification of the person, the Border
Control Division of the Border Guard may receive data by direct access of data
from the Register of Identity Cards. After the identification of the person had
been carried out, the applicant for data must delete the data received without
delay.
Act, Section 18 (1) Individual data provision can primarily be requested from
the Municipality Clerk competent in jurisdiction of the place of domicile or
residence, seat of the applicant for data as well as of the known address of
domicile of the citizen concerned. Individual data provision can be requested
from the Central Office if it can not or can only be unsuitably fulfilled by the
Municipality Clerk due to lack of the necessary technical facilities or from any
other reason.
(2) Group data provision on the data of citizens having address of domicile
within the locality or within the jurisdiction of the document office can be
required from the competent Municipality Clerk and in respect of wider range of
data from the Office.
(3) In lieu data provision, the applicant may require that the competent organ
of registration contact the person, circle of persons indicated by him for the
purpose of communication and
a) ask for his written agreement to make their name and address information
available to the applicant, or
b) notify him to directly contact the applicant if he wants to communicate with
him.
Act, Section 19 (1) Any citizen or legal entity or entity without legal
personality has the right to require data provision according to Section 17
Subsection (2) if they evidence purpose and legal title of their use:
a) for enforcement their right or justified interests,
b) for scientific research,
c) as a sample necessary for public opinion research or market research, as well
as
d) for compilation of a list for the purpose of direct sale (direct marketing).
(2) The persons eligible for application of data may require data under the
following options of selection:
a) for the purpose of scientific research by data provided for Section 11
Subsection (1) Paragraphs a)-e), g)-h) and k),
b) for the purpose of public opinion research and market research as provided
for in Section 11 Subsection (1) Paragraphs c)-d), h) and k),
b) for the purpose of direct marketing as provided for in Section 11 Subsection
(1) Paragraphs c)-d), h) and k),
(3) In the case of application for data according to Subsection (1) Paragraphs
b)-d), the applicant should properly evidence his/her eligibility for
performance of the activity as well as for application for data specified there.
(4) Fulfilment of the application must be refused if
a) the citizen has prohibited delivery of the data unless an ad hoc approval was
given by him/her,
b) the applicant has not or has not properly evidenced the purpose as well as
legal title of use of the data;
c) the purpose indicated does not prejudice the rights or rightful interests of
the applicant or it violates privacy of the citizen concerned;
d) ninety days have not passed yet from recording the data of a new-born infant.
(5) The applicant of information requesting matching of data shall be informed
on the fact of prohibition of data pursuant to Section 4 Subsection (3) of Act
CXIX of 1995 on the Use of Name and Address Information Serving the Purposes of
Scientific Research, Public Research or Market Research as well as Direct
Marketing.
(6) If the organ of registration supplied name and address information within
six months preceding the prohibition according to Subsection (1) Paragraph d),
it is obliged to notify the direct marketing institution concerned on the
prohibition of data provision without delay.
Act 20 (1) Data can be supplied to any other citizen, legal entity or entity
without legal personality on the data of a citizen as laid down in Section 17
Subsection (2) Paragraphs a) and b), regardless of the fact if he/she exercised
his/her right of prohibition of his/her data, if it is provided for by an
international agreement or reciprocity, or if the applying
a) citizen or entity without legal personality proves his right or justified
interest to using up the information by a deed;
b) legal entity requires them for the purpose of enforcement of its proved
rights or meeting its obligations against the citizen. Even in this case, only
as much information can be provided as a maximum that is still sufficient for
satisfying the purposes of its use.
(2) The limitation described in Subsection (1) does not cover the data provision
made pursuant to Sections 21-24.
ImpD, Section 22 (1) When applying for provision of data, the natural personal
identification data appropriate for identification as well as the address of
domicile of the citizen concerned, in case of group data provision the features
of the group, and in case of requiring information relating to the Identity Card
the Document Identifier of the Card must be provided. If the feature of the
group is suitable for drawing a conclusion on basis of which the racial origin,
the national, nationality or ethnical status, the religious or any other
convincement of the persons concerned can be established with great probability,
the application for data provision may not be fulfilled, unless laws authorize
the applicant for managing such data.
(2) The person or organ authorized by the Act on Personal Identifier or by the
person concerned for management and conveyance of the Personal Identifier shall
provide the Personal Identifier of the citizen concerned, or in lack of this
Identifier, he may request information as described in Subsection (1).
(3) In case of a person to be identified individually, the organ of registration
shall perform data provision in the event that only data of one particular
person are in accordance with the features indicated.
(4) In case of application for data by the organs specified in Section 21
Paragraphs b)-g) and i)-j) as well as in Sections 22-24 of Personal Data
Registration Act, furthermore by the state and self-government tax authorities,
the National Health Insurance Fund and its agencies, the Central Administration
of National Pension Insurance and its divisions, the agencies of the labour
administration and health administration, the National Public Health and Medical
Service and its divisions for a person to be identified individually, the organ
of registration shall provide details of the persons being equivalent to
personal data indicated in the application, suitable for personal
identification.
(5) On request for research purposes by the organizations specified in Section
24 of Personal Data Registration Act, the organ of registration shall provide
details of the persons equivalent to the incomplete or fraction data indicated.
(6) The applicant for data is responsible for cancellation of any data disclosed
by the organ of registration by mistake or, in case of data provision as
referred to in Subsection (4)-(5), of any data that became unnecessary after
carrying out or miscarriage of identification of the person without delay.
(7) Regular data provision should be required at the time of requiring data
provision for the first time (basic provision). An applicant for data not
authorized for management of the Personal Identifier may request regular data
provision by using a Connection Code.
ImpD, Section 23 (1) Data provision can be effected from the Register for
statistical purposes, with exceptions mentioned in Section 2 Subsection (5) of
Personal Data Registration Act, only in a way inappropriate for individual
identification.
(2) In case of application for statistical data provision, the purpose of use,
the circle of persons concerned (determination of region or time as well as
personal range) and the requested form of data provision (paper-based or
magnetic data carrier) must be indicated.
ImpD 24 A citizen, legal entity or entity without legal personality may require
provision of data from the Register in writing or in form included in minutes.
Specimen of the application form is shown in Annex 2.
ImpD, Section 25 (1) When applying data for enforcement of his rights or
rightful interests, the applicant should certify the fact or event evidencing
the relation existing or have existed between the person concerned and himself
that justifies the purpose of using the data.
(2) The applicant is obliged to evidence by a certificate:
b) his authorization for requesting data if he refers to the purposes indicated
in Section 19 Subsection (1) Paragraphs b)-d) of Personal Data Registration Act,
as well as
b) the legality of managing the Personal Identifier if he manages the Personal
Identifier indicated in the application under previous approval by the person
concerned.
(3) When applying for provision of data, the organs authorized for management
and conveyance of the Personal Identifier, furthermore those specified in
Sections 21-24 of Personal Data Registration Act as well as the state and
self-government tax authorities, the National Health Insurance Fund and its
divisions, the Central Administration of National Pension Insurance and its
divisions, the agencies of the labour administration and health administration,
the National Public Health and Medical Service and its divisions shall certify
the purpose and legal title of their use by reference to the law determining
their task.
(4) If the organ authorized for data provision wants to receive the data by
direct (on-line) access, the application for data should contain the following
details in addition those specified in Section 24 and Section 25 Subsection (1):
a) the individual identifier of the person authorized for inquiry of data as
well as the range of authorizations for access of the requested data,
b) the time-limit for access of data.
(5) Any change in the authorized person or his individual identifier must be
notified to the organ of registration making data provision.
(6) For the organs specified in Sections 21-24 of Personal Data Registration
Act, if the data protection requirements can be guaranteed, data can be even
provided by telephone.
ImpD, Section 26 (1) The individual data provision permit shall contain
a) purpose of the data provision;
b) the permitted range of data and the prohibition or limitation for data
provision to be observed;
c) the data protection clause calling attention to the legal use of the data
provided.
(2) In case of group data provision, the permit shall contain the method of data
provision, any other conditions as well as requirements relating to performance
of the data provision, in addition to those contained in Subsection (1).
(3) In addition to the contents included in Subsections (1) and (2), the permit
for regular data provision shall contain the date of provision (periodical or
continuous) and the validity date of the permit.
(4)
(5) If the application for data provision can not be fulfilled, it must be
refused by a decision in written form.
(6)
Act, Section 21 Based on authorization by this Act, the following organs have
the right to require the data referred to in Section 17 Subsection (2) Paragraph
b):
a) the organs of the local self-governments for performance of duties provided
for in law or in a municipal decree;
b) the authority issuing and registering the Identity Card for performance of
its duties required for this purposes;
c) the contravention authority in the contravention procedure belonging to its
scope of activity for identification of personal data and address of the charged
person or witness (expert);
d) the organs of social administration for performance of their duties provided
for by law, arising in the frame of social care;
e) the passport authority for administration of passport matters;
f) the authority registering motor vehicles, car documents and driving licences
for tracking the data changes of the persons included in the register;
g) the organ processing name changing matters for performance of its duties
provided for by law;
h) The Central Statistics Office for performance of his duties provided for in
Act XLVI on Statistics;
i) the professional organization of the civil defence as well as the mayor for
the purpose of enforcement of the civil defence obligation;
j) the Committee provided for in Section 5 of Act XXIII of 1994 on Control of
Persons holding Important Offices, the National Security Committee of the
Parliament as well as the Court for carrying out the control provided for in the
Act;
k) the Pension Payment Directorate of Central Administration of National Pension
Insurance for performance of its duties provided for by law from the Office;
l) the Labour Recording Center of the Employment Office for the purpose of
control and, if necessary, closer defining the information included in the
Unified Labour Record.
ImpD, Section 27 (1) The Municipality Clerk may use as well as provide data from
the Register to performance of duties of the representative body of the same
locality's self-government, mayor as well as the administrator of the mayor's
office, provided it is allowed by law or municipal decree under authorization by
law. The data provision performed according to these regulations has also to be
entered in the data provision Register.
(2) The Head of the Administrative Agency may use data from the Register without
any special request, provided it is necessary for performance of the duties
referred to its competency by a government decree under authorization by law and
if it is allowed by law. The use of data performed carried out under these
regulations has also to be entered in the data provision Register.
Act, Section 22 Based on authorization by this Act, the following organs have
the right to require the data referred to in Section 17 Subsection (2) Paragraph
c):
b) the organs of the state real-estate, for keeping the real-estate register;
b) the agency of the defence administration, for keeping records on the citizens
subject to obligation of military service as well as for performance of its duty
in respect of registration of the war-time losses;
c) the administration organs performing internal security duties, for the
licensing and registration procedures relating to manually operated civil
firearms, ammunition, gas and alarm guns, explosives or destructive devices
serving for industrial purposes, to manufacture and distribution of
pyrotechnical products as well as to narcotic drugs and psychotropic substances;
d) the immigration authorities, for performance of immigration-related duties as
provided for by law;
e) the central refugees authority for performance of its duties provided for by
law.
Act, Section 23 Based on authorization by this Act, the following organs have
the right to require the data referred to in Section 17 Subsection (2) Paragraph
c):
a) the election body, for performance of its duties provided for in acts and
municipal decrees on the referendum and people's initiative, furthermore, in the
Act on Census of the Population, as well as in acts on election of the Members
of Parliament, the representatives of the settlement of local governments and
minority self-government bodies, the members of national general meeting of the
minority self-governments and the mayors;
b) the body keeping register on citizens without suffrage, for keeping the
register;
c) the organ obliged to data provision for the body keeping register on the
citizens without suffrage, for performance of its data provision duties.
Act, Section 24 (1) The Court and the National Security Services for the purpose
of performing their duties, in case of meeting the objectives and conditions
provided for in the relevant Acts, as well as the Investigating Authorities for
performance of their law enforcement activities, furthermore, the body acting in
nationality matters are entitled to require full range of data entered in the
Register under authorization by this Act [Section 17 Subsection (2) Paragraph
d)] for identification of details of the applicant.
(2) In the procedure of issuing an Authority Certificate appropriate for
personal identification, the acting authority is entitled to seeing as well as
requiring the portrait photo and own-hand signature of the person concerned, for
the purpose of identification of the person.
ImpD, Section 28 The regional registration body shall provide data of the male
Hungarian Nationals reaching their age of 17 years in the relevant years to the
Municipality Clerk of the locality's self-government, for recording the persons
subject to military service.
Act, Section 24/A The organ of registration of personal data and address of
domicile may create a Connection Code to be exclusively used for application for
and transfer of regularly repeated group data provision relating to the same
persons as well as for updating the register of the person applying for data
provision.
(2) The content and rules of creation of the Connection Code may not be
determined by the applicant of data. Different connection codes should be
created for each applicant in the case of different data provisions relating to
the same citizen.
(3) Creation of the Connection Code may not be equal to the creation method of
the Social Security Identification Number (TAJ number), the Tax Identification
Mark and the Personal Identification Mark, as well as the Connection Code may
not be equal to the TAJ number, the Tax Identification Mark and the Personal
Identification Mark, and it may not be originated from them.
(4) The Connection Code may be managed only by the organ of registration of
personal data and address of domicile as well as by the applicant for data
provision, it can be conveyed only when applying for the data provision as well
as when transferring the data.
(5) The Connection Code may be exclusively used for the purpose determined in
Subsection (1), it should be cancelled from both the Register of Personal Data
and Address of Domicile and the register of the applicant for data after
fulfilment of the objective of the data management.
Chapter V
The registration process
Act, Section 25 (1) The citizen affected in the process must transfer his/her
Personal Identification Mark to the following organs for performance of their
data provision and registration activities provided for in this Act:
a) the bodies of registration (Section 6);
b) by the parents or other family members, when announcing birth and death, to
the health institution and/or to the Registrar General;
c) by the marrying persons, when announcing their intention of marrying, to the
Registrar of Marriage;
d) by the parties to the dispute, in the family law and marriage divorce cases,
in the legal proceeding relating to the registration as well as in legal
contests in accordance with establishment of the death by a judge, to the Court;
e) by the parents when the family legal status of a child is settled, to the
court of guardians, the Court, the Registrar as well as any body acting in the
process under laws;
f) to the consular authority when arranging such matters in which the domestic
authority with competency for acting in the process is entitled to require the
Personal Identity Mark;
g) to the immigration authorities when arranging matters in relation to
immigration, permanent residence as well as temporary residence.
(2)-(3)
Announcement and registration of address of domicile
Act, Section 26 (1) Any citizen subject to this Act [Section 4 Subsection (1)]
living in the territory of the Republic of Hungary is obliged to announce the
address of his/her place of domicile or place of residence to the Clerk of the
settlement local government for the purpose of registration (hereinafter jointly
referred to as: announcement of place of domicile).
(2) The citizen described in Subsection (1) is obliged to announce to the Clerk
of the competent local government of the municipality of his/her place of
domicile, or to the competent foreign mission authority the fact that he/she is
going to leave the territory of the Republic of Hungary with intention of
establishment permanent residence abroad or the fact that he/she would reside
abroad for more than three months.
(3) For announcement of the place of domicile the approval by the owner of the
flat or the person entitled to use the flat under any other title is required.
(4) Alone the fact of announcement of the address of domicile does not create
and does not abolish any right for using the flat and any other proprietary
right. The information on address of domicile is invalid if the right of the
citizen for using the flat has been terminated by a legally binding court or
authority decision and decision was executed as well as if the Clerk of the
competent local government of the municipality has established that the
information of the citizen on his/her announced address of domicile is not true.
(5) The citizen living abroad and registered according to Section 4 Subsection
(2) has to announce his/her place of domicile for the first time in a
declaration requesting recording and the change of his/her place of domicile,
personally or by mail, at the Office or the competent consular office.
(6) A Hungarian National living abroad shall announce his/her place of residence
in Hungary at the competent Municipality Clerk.
ImpD, Section 29 (1) The citizen has to announce his/her address of domicile or
its any change at the Municipality Clerk competent in the jurisdiction of
his/her new address of domicile. The citizen may announce termination of his/her
place of residence without establishment a new place of residence also at the
Municipality Clerk competent in the jurisdiction of his/her place of domicile.
(2) On the announcement of address of domicile, the Region Center Clerk
competent in jurisdiction of the place of domicile or place of residence of the
citizen shall issue the Authority Certificate on the Personal Identifier and
Address of Domicile and deliver to the citizen.
(3) During the process laid down in Section 21 Subsection (1) and (2), the New
Resident and the EEA residence permit holder shall fulfil his obligation of
announcement for the purpose of recording by presentation of the permit document
of permanent residency issued by the immigration authority as well as of the EEA
residence permit document on the personal data of the person concerned,
furthermore, of the Authority Certificate issued on his/her first registered
address of domicile.
ImpD, Section 30 (1) As place of domicile of a child of minor age, unless the
Court or the Court of Guardians decides otherwise on the place of domicile of
the child with binding effect, the place of domicile of the parent (legal
representative) should be announced.
(2) As first place of domicile of a new-born infant, the mother's place of
domicile, in absence of such information, his/her place of residence shall be
announced by the Registrar, together with the fact of birth.
(3) The place of domicile of a child taken to temporary or permanent
guardianship (hereinafter referred to as: child taken to guardianship) shall be
determined, as equivalent to the place of domicile of the parents, by the Court
of Guardians in a decision. As place of domicile of a child taken to
guardianship, the Court of Guardians may determine, if it is in the interest of
the child for an important reason, also the children's home at the place of the
actual care of the child or, if the foster-parent has agreed to it, the place of
domicile of the foster-parent, or in lack of it, the seat of the regional child
protection service.
(4) The place of domicile of a child taken to guardianship of a foster-parent or
placed in a children's home or any other residential institution with
provisional effect is equivalent to the place of domicile of his/her parent
(legal representative).
ImpD, Section 31 (1) The citizen may fulfil his/her obligation of announcement
of place of domicile, with exception of the cases referred to in Subsections
(2)-(5), personally as well as by his/her legal representative or proxy.
(2) If the obligation of announcement affects several family members moving
together, the announcement can be effected by any of the persons subject to
announcement in respect of all of them.
(3) The announcement of address of domicile of a child in minor age or of a
person under guardianship due to incapacity to act for him/herself shall be made
by his/her parent or guardian (legal representative). The place of residence of
a child under age of 14 years can be announced even by him/herself.
(4) The person granting lodging for a child under his/her interim care shall
arrange the announcement of address of domicile for the child. This provision is
also applicable for a young adult under after-care.
(5) Announcement for a person living in a workers' hostel, mobile housing or in
a site residential building on a construction may be announced by the person
granting lodging (or his/her representative).
ImpD, Section 32 (1) The announcement of address of domicile, except for the
cases set out in Section 29 Subsection (3) and Section 30 Subsection (2), shall
be made on an Announcement Sheet with content as provided for in Annex 3. The
Announcement Sheet must be signed by own hands both by the person obliged to the
announcement of address of domicile and the host granting lodging.
(2) The personal data indicated on the Announcement Sheet must be issued with
the same content of data as that of the Identity Card, or in its absence, any
other document suitable for identification of the person. Failing such document,
the following documents serve for certification of the data:
a) in case of an Immigrant, the legally binding immigration permit,
b) in case of a New Resident, the valid permanent residency document,
c) the document of EEA residence permit,
d) in case of a Refugee, the legally binding decree on recognition as a Refugee.
(3) When performing announcement of address, the citizen is obliged to present
his/her Identity Card or, if he/she has no Identity Card, any other authority
certificate suitable for personal identification and to submit his/her Authority
Certificate on the Personal Identifier and the Address of Domicile.
ImpD, Section 33 (1) In the address announcement process, the following persons
are considered as host granting lodging:
b) the owner or beneficial occupant of a flat in ownership of a private person;
b) the tenant (co-tenant, joint tenant) in respect of the flat leased by
him/her;
c) the employer in respect of workers' hostel, site residential building or
official residence in the closed area of the employer;
d) in respect of a homeless shelter, its maintainer or his agent;
(2) Also the following persons are considered as host:
a) manager of commercial lodgings (hotel, inn, camping, resort hotel, tourist
hostel, paying guest quarters, holiday camp, pension etc.) in respect of the
citizen accommodated in the lodgings as well as any employee or his/her family
members residing in the lodgings under his/her management;
b) the warden (steward) of a resident nursery, other medical institution,
student home, boarding-school, residential social institution in respect of the
citizen accommodated in the lodgings under his/her management and employee or
family member residing there.
(3) The expression "Owner", "Tenant" or, mutatis mutandis, the proper term must
be indicated on the Address Announcement Sheet of an owner, beneficial occupant,
tenant as well as of a person changing place of domicile or residence under
legally binding and executable decree by the Court or any other authority.
ImpD, Section 34 (1) The authenticity of the address of domicile announced shall
be verified by the Municipality Clerk on basis of the data. In the event that
the address of domicile is untrue or the Announcement Sheet is not signed by the
host or the announcement does not comply with the provisions of law for any
other reason, the registration shall be refused.
(2) If the address of domicile announced by the citizen is not included in the
Address Register but he/she certifies the actuality of the address if domicile
authentically, the announcement must be accepted and the Municipality Clerk has
to amend the Register.
(3) If the Clerk of Municipality establishes the fact after acceptance of the
announcement that the announced address is not true, he shall lay down the
invalidity of the address in a decree and after the decree becomes legally
binding, he shall have the invalid address data indicated in the Register with
mark "fictitious" as long as the citizen announces the actual address of
domicile.
(4) In case of an Immigrant as well as New Resident and persons with EEA
residence permit, the Municipality Clerk shall advise the competent regional
immigration authority on the refusal as referred to in Subsection (1).as
referred to in Subsection (1).
ImpD, Section 35 (1) If neither place of domicile nor place of residence of the
person concerned can be found in the Register and he/she is not a Hungarian
National living abroad, his data are handled as "person without address of
domicile".
(2) If enforcement of a judgement or a decision for changing the use of the flat
has been effected, the Court or other authority shall advise the Municipality
Clerk who will take measures for invalidating the address ex officio. If the
citizen affected fails to announce a new address of domicile simultaneously with
the decision, or the Municipality Clerk does not become aware of the address
announced, he has to proceed as provided for in Subsection (1).
(3) If the citizen proves that the person registered as dweller in his flat
actually does not lives there, the Municipality Clerk shall proceed as provided
for in Subsection (3). The address can not be indicated as "fictious" if the
Municipality Clerk establishes during his action that the person concerned
temporarily does not reside in the flat, without intention of finally leaving
it.
(4) In the case of invalidation or indication of the address of domicile with
marking "fictious", the Clerk of Municipality shall ensure that the fact of
invalidity of the Authority Certificate containing the address of domicile of
the citizen concerned should be recorded in the Register.
ImpD, Section 36 (1) The accommodation in mobile housing (moving caravan,
quarters on a ship, extramural seasonal lodgings) should be announced as place
of domicile, in other case as place of residence, if the citizen does not have
any other registered address of domicile.
(2) In case of a place of lodgement described in Subsection (1), the seat of the
employer or in lack of it, the place of business of the employer must be
registered as address of the place of domicile or residence. This address of
domicile must be announced at the Clerk of Municipality competent in
jurisdiction of the seat (place of business).
(3) The person without address of domicile abiding at a homeless shelter for
longer than ten days must be announced for registration at the Municipality
Clerk self government competent in the jurisdiction of the lodgement within
twenty four hours following the tenth day from the acceptance for accommodation.
(4) A homeless person who has not got even a temporary quarters must be announce
for registration the locality (Budapest district) as dwelling place where he/she
can normally be found. In this case, the entry "without address of domicile"
must be indicated in the Register in addition to the name of the name of the
announced locality (in Budapest the number of the district).
(5)
ImpD, Section 37 (1) The citizen has not to announce for registration any change
in name of locality, postal code, name of a public area, street-number,
building, staircase, floor, door number as well as the change of address of
domicile due to attachment of an area to another which, however does not
involves moving. Such change of the address data is not considered as data
change, on such change, by leaving the original date of registration unchanged,
the Region Center Clerk competent in the jurisdiction of the place of domicile
will, on request submitted to the Municipality Clerk of competent in the
jurisdiction of the place of domicile, issue an Authority Certificate in
accordance with the change of address and deliver it to the citizen.
(2) The Municipality Clerk shall enter the change referred to in Subsection (1)
in the Register.
ImpD, Section 38 The change of place of residence of the members of the
Hungarian Armed Forces and the law and order protection organs due to calling
them out to a residential school (course) as well quartering of the voluntary
army reservists and the contractual officer staff and the staff of common
soldiery by the Hungarian Armed Forces or the law and order protection organs
are not subject to announcement of address of domicile.
ImpD, Section 39 After completion of the registration and administration duties,
the Municipality Clerk is obliged to send the Announcement Sheet as well as the
Authority Certificate on the Personal Identifier and the Address of Domicile
handed down to the Region Center Clerk competent in the jurisdiction of the
place of domicile.
(2) The Region Center Clerk shall process the Announcement Sheet and afterwards,
he shall sent it to the Central Office without delay.
ImpD, Section 40 (1) The citizen has to announce his/her stay abroad as well as
its finish at the Municipality Clerk competent in jurisdiction of his/her place
of domicile or at the foreign mission of Hungary on the Announcement Sheet shown
in Annex 3.
(2) The announcement referred to in Subsection (1) shall be processed by the
Municipality Clerk and afterwards, he shall send it to the Central Office. The
authority of the foreign mission of Hungary has to send the Announcement Sheet
to the Central Office for processing within five working days.
Act, Section 27 (1) The establishment as well as extinction of the place of
residence must be announced at the Municipality Clerk competent in the
jurisdiction of the place of residence.
(2) The citizen may announce the extinction of his/her place of residence also
at the Municipality Clerk competent in jurisdiction of his/her place of
domicile.
(3) The place of residence must be announced for registration at the
Municipality Clerk competent in jurisdiction of the place of residence within
five years for its announcement for registration again. Failing to announce it
again, the place of residence of the person concerned will cease by the strength
of his Act.
(4) The citizen has not to announce his/her place of residence who
a) does not stay in his/her place of residence owing to treatment in a medical
institution;
b) is in provisional arrest or serves his imprisonment punishment.
ImpD, Section 41 The Municipality Clerk shall advice the Central Office, through
the Region Center Clerk, on termination or renewal of the place of residence.
Act, Section 28 (1) The Municipality Clerk competent according to Section 7
Subsection (1) shall proceed in the address matter of Hungarian or foreign
nationals subject to registration leaving the territory of the Republic of
Hungary with intention of establishment permanent residence as well as that of
homeless persons.
(2) In the case of Subsection (1), the Hungarian national, simultaneously with
announcement of termination of his/her address of domicile, shall declare on the
fact if he/she wants or not that the Register should continue to contain his/her
data.
Authority Certificate adaptable for evidence of personal identity
Act, Section 29 (1) The Identity Card is such an Authority certificate issued
under a written declaration by the citizen as well as under the Register of
birth, marriage and death and the Register of Personal Data and Address of
Domicile, as well as, in case of a non-Hungarian national in addition to them,
the passport and the document certifying the legal title of residing of the
citizen in Hungary which authentically certifies the identity and data of the
citizen provided for in this act. The Identity Card can be issued in the age of
14 years of the citizen at first.
(2) The citizen may announce loss, theft, destruction of his/her Authority
Certificate adaptable for evidence of his/her identity also in electronic way
and may ask for its replacement if no change has occurred in his/her data. In
such a case, the Authority Certificate must be issued, with exception of the
document identification data, with the same data content as that of the previous
Authority Certificate to be replaced. Except the cases specified and laid down
in a special regulation, the procedures relating to the issuance of the
Authority Certificates adaptable for evidence of identity can not be arranged by
electronic way. The application for issuance of the Authority Certificates
adaptable for evidence of the identity can be submitted only personally.
The Identity Card shall contain
a) the name;
b) the place of birth;
c) the date of birth;
d) the nationality;
e) mother's name;
c) the gender;
g) the portrait photo;
h) own-hand signature by the citizen as well as the signature of the legal
representative of a person under guardianship due to incapacity of self-supply;
i) the document identifier and term of validity of the Identity Card.
(4) Beside the Identity Card, the identity of the person of the citizen is
certified all authority certificates which contain the data referred to in
Subsection (3) Paragraphs a)-d) and g)-i). The valid passport and the new type
driving licence in card format are considered as a certificate with such data
content. In case of presentation for identification purposes of the valid
authority certificates as specified above and containing the data as referred to
previously, with exception provided for in law, the citizen may not be obliged
to present any other documents.
(5)
(6) The Student Identity Card certifying the legal relation as schoolboy or
schoolgirl is also applicable for evidencing the identity of a child under age
of 14 years.
(8) Any citizen is obliged to apply for issuance of an Identity Card if he/she
has no other valid authority certificate evidencing his/her identity.
Chapter VI
Data protection
Act, Section 30 (1) In the scope of their responsibility for protection of the
personal data of the citizens, the Municipality Clerk, till the date provided
for in Section 6 Subsection (1) the Head of the Police Department, the Head of
the County, Budapest Administrative Agency as well the Head of the Office is
obliged to take such technical, organization measures, to develop such a control
system and issu such data protection regulations which guarantee the fulfilment
of the data protection requirements.
(2) The Minister of the Interior shall appoint a data protection supervisor at
the Office and the Head of the County, Budapest Administrative Agency, covering
its scope of competence, at the County, Budapest Administrative Agency for
controlling the legality of the data management.
Act, Section 31 (1) The organs of registration (Section 6) are obliged to keep a
Data Provision Register.
(2) The Register shall contain
a) the registration identifier of the Data Manager;
b) the date of data provision;
c) the aim and legal title of the data provision;
d) the name of the citizen, legal entity or entity without legal personality or
his/her/its agent or representative;
e) description of the range of data provided.
(3) The citizen is entitled to learn from the Data Provision Register which data
provisions he was subject of. This entitlement may be limited or excluded by a
special act in respect of the data provision performed for the organs specified
in Section 24.
(4) The Data Provision Register shall be preserved for five years.
(5) The Municipality Clerk shall keep a register on the public officials who
were entitled to access to the data of the Document Register during the process.
(6) The Register described in Section (5) shall contain:
b) natural identification data of the public official affected;
h) the entitlement of access separated by each Document Register, the initial
date and period of the entitlement of access as well as the reason and date of
amendment and withdrawal of the entitlement of access.
(7) The Municipality Clerk shall inform the Office on the name of the public
official, the registration code number and the data specified in Subsection (6)
Paragraph b) latest on the working day preceding the initial date of the
entitlement.
(8) The data of the Register shall be preserved for 5 years from extinguishment
of the entitlement.
ImpD, Section 42 (1) At the organs of registration the manager responsible for
data protection as well as the operator of the computer technology systems shall
ensure protection against physical destruction of the data file, security of
data management procedures and data files as well as protection against
unauthorized accession.
The manager or operator of the Register
a) shall ensure increased fire protection as well as, if possible, shall apply
continuous source of current;
b) shall register the magnetic data carriers and handles them according to the
safety regulations;
c) shall regularly save the data file and stores the copy in such a place where
it can be safely preserved and accessed. The regional as well as the central
computer data base serve for backup copy of the local file.
d) shall ensure virus protection.
(3) The manager shall properly ensure protection against physical destruction
also in the case of paper-based records managed in the local as well as the
Central Office and the fact that only the persons specified in Section 43
Subsection (1) can access to them.
ImpD, Section 43 (1) The persons authorized for management of the data as well
as for performance of the duties relating to operation of the computer system
may access to the data to the extent as necessary for performance of their duty
referred to in Subsections (2)-(3).
(2) Data maintenance may be performed in the system only by an employee
authorized by the responsible manager for this purpose. No other employer of the
user of data supply as well as the entity keeping or operating the Register may
perform any change in the data file. In case of any data error experienced by
them, they have to notify the authorized public official on this fact who will
take measures for repairing it.
(3) The system developers can access to the data file to the extent as necessary
for performance of their duties, however, they are not allowed to use the data
for any other purpose and may not disclose them to any other person.
ImpD, Section 44 (1) The employers of the registration organ, the operator as
well of the organ directly (on-line) using the data supply can access to the
data file only by using a specific password and identifier which also determine
the extent of entitlement for access to data.
(2) The operators of the system are only entitled to manage the data files, to
enter any amendment announced by the organs of registration, to perform
technical duties in respect of the services and to implement the interventions
necessary for operation of the computer system. The operator is not allowed to
use the data included in the Register to any register managed by him without
legislative authorization.
ImpD, Section 45 The central, regional and local organ of registration shall
keep the following registers:
d) Data Provision Register on the data supplies provided by it;
b) Entitlement Registration on the persons entitled to use the on-lin system;
c) Operations Log;
c) Technical Background Register (register of machines, organs and software).
ImpD, Section 46 (1) According to Section 31 Subsection (3) of Personal Data
Registration Act, the citizen can require information from the local, regional
and central organ from the Data Provision Register which data provisions he was
subject of.
(2) Information on the data supply provided to the organs specified in Section
24 of Personal Data Registration Act can be provided to any citizen applying it
according to the provisions of the acts relating to such organs. Unless
otherwise provided by law, prior to providing information the organ affected
must be contacted and to give the information as instructed by it.
(3) In addition to the provisions laid down in Subsection (1), information can
be provided from the Data Provision Register to the Data Protection Ombudsman,
the Data Protection Supervisor as well as to the organs specified in Section 24
Subsection (1) of Personal Data Registration Act.
ImpD, Section 46/A On request of a citizen, extract or copy as well as oral
information must be provided on his/her data from the Register. Information may
not be provided on the sign laid down in Section 11 Subsection (1) Paragraph j)
of Personal Data Registration Act if it is excluded by the act relating to the
organ ordering it or the authority ordering placement of the sign prohibits it
with reference to the act.
Act, Section 32 The organ of registration may perform regular or group data
provision to abroad only with permission by the Minister of the Interior.
Act, Section 33 (1) Unless the act does not provide otherwise in respect of
exact definition of the aim of the data management and the range of data, the
Register may not be linked to any other register.
(2) On the basis of a local government decree, the local register may deliver
only the data specified in Section 17 Subsection (2) Paragraph b) for local
government and state administrative authority matters as well as keeping of
authority register referred to the competence of the body of representatives,
the mayor, the municipality clerk or the administrator of the mayor's office.
Chapter VII
Other provisions
Act, Section 34 The provisions of Act CXL of 2004 on General Rules of the
Administrative Authority Procedure and Service Provision are to be applied to
the procedure implemented pursuant to this Act, to keeping authority register as
well as to issuance of an Authority Certificate and Card.
Act 35 Section (1) The family name shall precede the given name in the Register
and the documents issued under it.
(2) Names with foreign spelling shall be indicated in the Register, with
observation of the declaration by the affected person, by using the letters of
the Hungarian alphabet.
(3) The function of the Register shall be guaranteed also in the case of state
of distress, state of national crisis and state of emergency.
Act, Section 36 (1) The Register is part of the national property, its
establishment, operation and development is the responsibility of the State, the
financial coverage necessary for its performance must be guaranteed from the
national budget.
(2) The costs and expenses of operation of the registration is included in the
budget of the local governments.
(3)
(4) Unless otherwise provided by law, an administration service fee in an amount
as laid down in the Decree of the Minister of the Interior shall be paid for the
data provision as well as for contacting for the purpose of establishing
relation as referred to in Section 18 Subsection (3) and for notification.
ImpD, Section 47 (1) The functioning and development of the Register must be
guaranteed from the national budget, including in particular
a) ensuring the personal, material, technical conditions for operation of the
local, regional and central system of the Register;
b) functioning of the data collection system of the Register;
c) maintenance of the Register, provision of the data flow and data transfer
necessary for the maintenance;
d) provision of the conditions of the technical data protection;
e) establishment and maintenance of the Address Register and the Central Archive
of Documents;
f) the duties relating to creation, change, withdrawal of the Personal
Identification Mark;
g) the procedures in respect of assessment of the requests for data prohibition
and the data correction, ensuring the right for inspection of data relating to
enforcement of the rights of the citizens;
h) the supervision, directing, controlling activities;
i)
j) continuous operation deviating of the official working order;
k) development of the Register.
(2) The transfer of data outside the organs of registration as well as among the
organs of registration not being in connection with keeping records is
considered as data provision..
Chapter VIII
Tansitional Provisions
Act Section 37 (1) The Personal Identification Mark can be applied until 31
December 1996, the method of identification replacing it and its use is laid
down in a special Act.
(2) In respect of obligations arisen until 31 December 1996, the State Tax
Authority and the Municipal Tax Authority, the Office of Rates and Duties and
the Revenue Office (hereinafter jointly referred to as: Organs of the Tax
Administration) are entitled to require the data specified in Section 17
Subsection (2) Paragraph c) for collection of the taxes and duties, for
determining and controlling the exemptions and preferences (including the
payment obligations of taxes and similar expenses, the duties, the customs duty
and any subsidies granted to the charge of the central budget).
(3) After expiry of the deadline provided for in Subsection (2) till expiry of
the period of liability laid down in the Act on the Rules of Taxation, the
Organs of Tax Administration are entitled to require data from the Register by
using the Personal Identification Mark in specific cases of certain taxable
persons in respect of earlier liabilities, and the data specified in Section 17
Subsection (2) Paragraph b) in respect of liabilities arisen after such
deadline.
(4) The following organs are entitled to require the data specified in Section
17 Subsection (2) Paragraph c) until 31 December 1996, and after this date the
data specified in Section 17 Subsection (2) Paragraph b):
a) the organ described in Sections 16-17 of Act LXXXIV of 1991 on Administration
of Social Security by Local Governments as well as the organs performing social
securities responsibilities as laid down in the Decree of the Government under
Section 58 Subsection (2) of Act LXXX of 1997 on the Eligibility for Social
Security Provisions and Private Pension and on Funding Such, supplemented with
the family status, for the purpose of meeting their obligations provided for in
laws in respect of payment of contributions, registration, data provision,
furthermore, for the purpose of designation and allocation (provision) of
benefits due to the eligible persons as well as for the purpose of controlling
the above performances;
b) the organs of the National Public Health and Medical Service as well as of
the health administration for the purpose of fulfilment of their duties in
respect of the basic and special health services, the provision of social
workers' network, the blood supply, the registrations of public health and
epidemic; as well as
c) the organs of labour administration.
(5) Till the date provided for in Subsections (2) and (4), the citizen is
obliged to disclose his/her Personal Identification Mark to the organs specified
therein for the purpose of fulfilment of his/her data provision obligations in
respect of the personal income tax as well as the social security.
(6) The Organs of Tax Administration may require the earlier Personal
Identification Mark for declaration of income of 1996 as well as the organs
obliged to data provision according to the Act on Rules of Taxation (hereinafter
referred to as: Taxation Act) may use it for the purpose of data provision to be
performed until the date provided for in the Taxation Act in respect of the
income of 1996.
Act, Section 38 (1) From registers of population, addresses of domicile and
identity cards kept before entry of this Act into force, data may only be
provided with the data content as laid down in this Act.
(2) For the citizens whose data were recorded in the Register of Population
before this Act entering into force but who have, meanwhile, finally left the
territory of Hungary, the data stored after expiry of the deadline provided for
in Section 11 Subsection (4) Paragraph c) as well as in Section 12 Subsection
(1), with exception of the basic documents, must be cancelled within three month
from the date of this Act entering into force.
(3) Simultaneously with this Act entering into force, the Personal
Identification Number will cease to exist. Where "Personal Number" is mentioned
in any other law, it means the "Personal Identification Mark" , "Register of
Population" means the "Register of Personal Data and Address of Domicile", the
"registered permanent domicile", the "place of residence", and where "Identity
Card" is mentioned, it means the "Personal Identification Card or Document",
(4)The Office is the legal successor of the National Population Registration
Office in property law and labour law matters.
ImpD, Section 48 (1)-(5)
(6) The regional organ of registration shall send the data necessary for
issuance of the Identity Card for all citizens reaching their age of 14 years in
the next year to the Police Department competent in the jurisdiction of the
place of domicile by 31 December 1999, and subsequently by 31 December of each
year.
(7) In addition to the organs specified in Section 11 Subsection (2), data
processing can be made by the information technology division of the county
self-government as well as of the head of the County, Budapest Administrative
Agency under authorization by the head of the Central Office.
(8) The Personal Identity Sheet issued before entering into force of the
Personal Data Registration Act which contains the Personal Identification Number
as well as the Personal Sheet without Personal Identification Number and the
Certificate issued on the Personal Identification Number jointly, furthermore
the Authority Certificate issued on the Personal Identification Mark are
considered as Authority Certificate on Personal Identifier.
Act, Section 39 (1)
(2)
(3)
(4)
Chapter IX
Closing and Enacting Provisions
Act, Section 40
Act, Section 41 (1)
(2)
Act, Section 42 (1)
(2) For the purpose of saving the military data property, the separated system
of the Office shall continue to work according to the earlier rules of
processing in respect of such data until the military registration data relating
to the circle of persons laid down in Section 25 Subsection (1) of Act I of 1976
is transferred to the Hungarian Armed Forces but latest for one year from the
date of this Act enters into force.
Act, Section 43
Act, Section 44
Act, Section 45
Act, Section 46 (1) This Act, except for provisions referred to in Subsections
(2)-(5), shall enter into force on the day of its publication. At the same time,
Section 8 of Act XX of 1991 on the Scope of Duties and Jurisdiction of Local
Governments and their Organs, of the Delegates of the Republic and of Certain
Organs of Central Subordination shall cease to be in force.
(2) The registration obligation regulated in Section 31 of this Act shall enter
into force on the first day of the 9th month following the date when this Act
entering into force and the archivation system regulated in Section 12 shall
enter into force on the first day of the 13th month following the date when this
Act enters into force.
(3) Section 8 Subsection (2) as well as Sections 26-28 of this Act shall enter
into force on 1 June 1993.
(4) Section 4 Subsection (2) as well as Section 9 Subsection (2) Paragraph f) of
this Act shall enter into force on 1 November 1993.
(5)
Act, Section 47 (1) The Government shall be authorized to lay down in a
Government Decree
a) the detailed rules on the procedure of registration of personal data and
address of domicile, the procedure for announcement of address for registration,
the procedure of keeping records and data supply as well the procedure for
issuance and registration of the Identity Card;
b) the area of competence and rules of operation of the document offices;
d) the rules of management of instruments surrendered from the Register as well
as of basic documents serving for data resource for the Register;
(2) The Minister of the Interior shall be authorized to regulate in a Decree
a) the technical rules in relation to operating and functioning of the Register,
furthermore to issuance and recording of the Identity Card as well as to
registration of address of domicile;
b) the specimens of documents to be used for the registration process;
c) in agreement with the Minister of Finance, the amount to be paid for the data
provision, furthermore for contacting for the purpose of establishment of
relation as well as for the notification;
e) the scope of activities and authorities of the person responsible for data
protection [Section 30 Subsection (2)];
e) the personal and technical conditions for functioning of the document offices
as well as the rules for registration, management and storage of the blank
safety documents serving for personal identification and certifying the
eligibility.
(3) The Minister of the Interior and the Minister of Defence shall be authorized
to regulate the order of supervision of the registration of defence managed in
the separated system of the Office.
(4) The local governments shall be authorized, in agreement with the Minister of
the Interior, to determine the organizations in a Decree which are allowed to
make data processing for the Register.
(5) The Minister of Interior shall revise the function and the area of
competence of the Document Offices regularly, in each two years. As a result of
the revision or on initiation of the body of representatives of the municipality
self-government, the Minister of the Interior may initiate amendment of the area
of competence of the Document Office, establishment or termination of a Document
Office at the Government.
ImpD, Section 49 (1) This Decree, except for provisions referred to in
Subsection (2), shall enter into force on 1 November 1993.
(2) Section 36 Subsection (4), Section 40, Section 45 Paragraph b) of this
Decree shall enter into force on 1 January 1994 and Section 15 Subsection (3) on
1 January 1995.
(3) Simultaneously with this Decree entering into force the following acts shall
cease to be in force.
a) the Government Directive 6001/1991 Korm. on Registration of Population;
b) Order 1/1987 (I.9.) KSH of the Central Statistics Office on implementation of
Decree 25/1986 MT. of the Council of Ministers issued for implementation of
Law-Decree 10 of 1986 on the National Registration of Population;
c) Decree 10/1984 BM (XI.20.) of Minister of the Interior on Announcement and
Registration of Address of Domicile and the Instruction 10/1984 BM of Minister
of the Interior issued for its implementation.
ImpD, Section 50
ImpD, Section 51 The Ordinance 2/1982 (VIII. 14.) MTTH on the general registers,
the procedure of contraction of marriage and use of name amended by the Decree
7/1989 (VIII.17.) BM of the Minister of the Interior and Decree 8/1992 (V. 19.)
BM of the Minister of Interior (hereinafter referred to as: GRO) shall be
amended as follows:
(1)
(2)
Section 102-107 of GRO shall cease to be in force.
Act, Section 48 (1) For the purpose of reconciliation of the data of New
Resident citizens, the Office is entitled to require the following data of the
persons concerned from the organ managing the Register:
a) natural personal identification and nationality details,
b) address of place of residence in Hungary,
c) number and validity period of the document certifying the eligibility for
residence.
(2) For the purpose of reconciliation of data of an EEA national, the Office is
entitled to require the data specified in Subsection (1) as well as also the
portrait photo and signature data of the EEA national from the organ managing
the Central Immigration Register.
(3) For the purpose of reconciliation of the data of Immigrants, the Office is
entitled to require the nationality data of the persons concerned from the organ
managing the organ managing the Immigration Register.
Annex to Section 13 of Act LXVI of 1992
Rules of creation of the Personal Identification Mark
1. The Personal Identification Mark is of eleven digits.
2. The Personal Identification Mark shall be created in the following way:
a) the 1st digit records the nationality, the century of birth and gender of the
citizen as follows:
|
Date of birth and Gender |
|||||
Nationality
|
Born |
|||||
after 1899 |
before 1900 |
|||||
|
male |
female |
male |
female |
|
|
Hungarian. |
1 |
2 |
3 |
4 |
|
|
non-Hungarian |
5 |
6 |
7 |
8 |
|
b) the 2nd to7th digits represent the last two digits of the year of birth, the
month and day of birth of the citizen;
c) the 8th to 10th digits indicates the serial number of the persons borne on
the same day;
d) the 11th digit is a control number created by mathematical method by using
the 1st to 10th digits.
3. The 11th digit of the Personal Identification Mark must be created in the way
that each of the ten digits created as described in Paragraph 2 Subparagraphs
a)-c) must be multiplied with the serial number which represents the place of
the digit in sequence within the Personal Identification Mark. (The first digit
multiplied by one, the 2nd digit by two and so on.) The products of
multiplication resulted in this way must be added together and the sum must be
divided by eleven. The residuum of the division will be equivalent to the 11th
digit. c) the serial number of birth must not be issued if the residuum of the
division by eleven is equivalent to ten.
Annex 1 to Government Decree 146/1993 (X. 26.)
Declaration on limitation of data provision
Received on:
Registration number:
Forwarded on:
Recipient:
I,
- family name:
- given name(s):
- mother's maiden family name:
- mother's given name(s):
- as indicated in the Identity Card:
= place of domicile (permanent address):
= place of residence (temporary address):
- personal identifier (previous personal identification number):
hereby prohibit disclosure of the data registered on me pursuant to Section 2
Subsection (1) of Act LXVI on Keeping Records on the Personal Data and Address
of citizens.
I take notice that, based on my ad hoc approval, I may release the prohibition
of data provision on request of the Clerk of Municipality or the Central Data
Processing, Registration and Election Office of the Ministry of the Interior.
The declaration will not prejudice the performance of statutory data provision
obligations (e.g. tax administration, military registration, real-estate
registration) as well as the data provisions permitted pursuant to Section 20 of
the Act.
Done:
Signature / Electronic signature
Annex 2 to Government Decree 146/1993 (X. 26.)
Application Sheet for Data Provision
I.
Name of the applicant:
Address:
Name of his/her representative:
Personal identifier of the applicant or his/her representative:
II.
Specification of the range of data requested:
- name
- maiden name
- place of domicile
- place of residence
- date of birth
- place of birth
- mother's name
- personal identifier
- other
III.
Scope of the data provision: determination of the circle of citizens on whom the
data subject to range of data laid down in Point II are requested (determination
of group feature):
IV.
Aim of use of data:
V.
Legal title and evidence of the request of data:
VI.
Form of the data provision:
- on-line
- magnetic data carrier
- paper
VII.
The required date and periodicity of the data provision:
Date: ...........................................................
...................................................
signature
Annex 3 to Government Decree 146/1993 (X. 26.)
Announcement Sheet on Change of Place of Domicile
Data content:
- family name and given name,
- maiden family name and given name,
- place, date of birth
- mother's maiden family name and given name,
- nationality,
- personal identifier,
- reason of filling out: establishment of place of domicile, change of place of
domicile, extinguishment of place of domicile, invalidation of place of
domicile, establishment of permanent residence abroad
- previous place of domicile,
- new place of domicile,
- date of announcement,
- signature of the host granting lodgings:
- signature of the person submitting announcement:
- data content coded by the administrator from the above data,
- signature of the administrator.
Announcement Sheet on change of place of residence, on temporary stay abroad
Data content:
- family name and given name,
- maiden family name and given name,
- place, date of birth
- mother's maiden family name and given name,
- nationality,
- personal identifier,
- reason of filling out: establishment, change, termination, renewal,
invalidation of place of residence; announcement of temporary residence abroad,
return from the temporary stay abroad;
- previous place of residence
- new place of residence
- date of announcement,
- signature of the host granting lodgings
- signature of the person submitting announcement,
- data content coded by the administrator from the above data,
- signature of the administrator.