66 10. Dialog on the NPM’s measures 10.2. Recommendations If the investigation concludes that an impropriety in relation to a fundamental right cannot be redressed by the inspected authority within its powers, I may, simultaneously informing the investigated authority subject to inquiry, address a recommendation to the supervisory organ of the authority concerned. Within thirty days of receipt of the initiative, the supervisory organ shall inform me of its position on the merits of the recommendation and on the measures taken.182 If the authority subject to inquiry has no supervisory organ, I address the recommendation to the investigated authority.183 As far as the recommendation set forward in my reports on the NPM’s visits, published in 2016, is concerned, the addressees responded on the merits within the statutory deadline. 10.3. Initiating proceedings by the Prosecution Service In order to redress an uncovered impropriety related to a fundamental right, I may initiate proceedings by the competent prosecutor through the Prosecutor General. Within sixty days the competent prosecutor has to inform me of his or her position thereon and his or her measure, if any.184 I did not exercise this power of the Commissioner for Fundamental Rights in any of my reports published on the NPM’s visits in 2016. 10.4. Reporting to the National Authority for Data Protection and Freedom of Information If my inquiry uncovers an impropriety related to the protection of personal data, to the right of access to data of public interest or to data public on grounds of public interest, I may report it to the National Authority for Data Protection and Freedom of Information. In 2016, I exercised this power only on one occasion, in my report on the inspection of the Central Holding Facility of the Metropolitan Police Headquarters of Budapest and the Holding Facility of the National 182 183 184 See Section 31, Subsection (1) of the Ombudsman Act. See Section 31, Subsection (4) of the Ombudsman Act. See Section 33, Subsection (1) of the Ombudsman Act.

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