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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