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Annex 3 – Full text of the Ombudsman Act
(3) If the organization or person having the obligation to cooperate, without a well-founded reason, fails to comply or complies only belatedly
with its obligation to cooperate, the Commissioner for Fundamental
Rights shall mention this fact in his/her report, and make special mention thereof in his/her annual report.
Section 27 – (1) In the course of his/her proceedings the Commissioner for
Fundamental Rights may process–to the extent necessary for those
proceedings–all those personal data and data qualifying as secrets
protected by an Act or as secrets restricted to the exercise of a profession which are related to the inquiry or the processing of which is
necessary for the successful conduct of the proceedings.
(2) In the course of his/her proceedings the Commissioner for Fundamental Rights may become acquainted with the classified data necessary
for the conduct of the inquiry, may prepare extracts or make copies
thereof, and may keep the classified data in his/her possession.
(3) The documents and material evidence obtained in the course of the
proceedings of the Commissioner for Fundamental Rights shall not
be public.
(4) Contacts between the Commissioner for Fundamental Rights and the
authority, the organization or person with an obligation to cooperate,
as well as the organization affected by an exceptional inquiry may also
be maintained by electronic documents signed electronically
Section 28 – (1) The Commissioner for Fundamental Rights shall make a report
on the inquiry he/she has conducted; it shall contain the uncovered
facts, and the findings and conclusions based on the facts.
(2) The reports of the Commissioner for Fundamental Rights shall be
public. Published reports may not contain personal data, classified
data, secrets protected by an Act or secrets restricted to the exercise of
a profession.
(3) The report of the Commissioner for Fundamental Rights relating
to the activities of organs authorized to use covert operative means
and methods may not contain any data from which one could draw
conclusions on intelligence information gathering activities in the
given case.
(4) There shall be no legal remedy against decisions of the Commissioner
for Fundamental Rights rejecting a petition or against the reports of
the Commissioner.
Section 29 – The Commissioner for Fundamental Rights shall inform the
petitioner about the outcome of the inquiry and about any measure
taken.
Section 30 – The Commissioner for Fundamental Rights shall determine the
rules and methods of his/her inquiries in normative instructions.
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