Társaság a Szabadságjogokért v. Hungary (dec.)

Information Note on the Court’s case-law No. 113

November 2008

Társaság a Szabadságjogokért v. Hungary (dec.) - 37374/05

Decision 13.11.2008 [Section II]

Article 10

Article 10-1

Freedom to receive information

Denial of information to an NGO about a pending constitutional review case: admissible

In March 2004 a Member of Parliament and other individuals lodged a complaint for a review of the constitutionality of amendments to the Criminal Code concerning drug-related offences. Several months later the applicant association, an NGO active in the field of drug policy, requested the Constitutional Court to grant it access to the complaint pending before it. Having consulted the MP, the Constitutional Court refused its request explaining that complaints before it could be made available to outsiders only with the approval of the maker of the complaint. Subsequently, the applicant brought an action against the Constitutional Court requesting to oblige the respondent to give it access to the file, in accordance with the relevant provisions of the Data Act. The courts dismissed the applicant's action concluding that the data required was “personal” and could therefore not be accessed without the complainant's approval. The protection of such data could not, in the courts' view, be overridden by other lawful interests, including the accessibility of public information. Meanwhile, the Constitutional Court decided the constitutionality question and published in its decision a summary of the complaint in question.

Admissible under Article 10.

© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.

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