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(2) In a case under inquiry, the Commissioner for Fundamental Rights may request a written
explanation, declaration, information or opinion from the organization, person or employee of
the organization having the obligation to cooperate.
(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.
11. Measures of the Commissioner for Fundamental Rights
Section 31 – (1) If, on the basis of an inquiry conducted, the Commissioner for Fundamental
Rights comes to the conclusion that the impropriety in relation to a fundamental right does exist,
in order to redress it he/she may–by simultaneously informing the authority subject to inquiry–
address a recommendation to the supervisory organ of the authority subject to inquiry. Within
thirty days of receipt of the recommendation the supervisory organ shall inform the
Commissioner for Fundamental Rights of its position on the merits of the recommendation and
on the measures taken.
(2) If the supervisory organ does not agree with those contained in the recommendation,
within fifteen days of receipt of the communication thereof the Commissioner for Fundamental
Rights shall inform the supervisory organ of the maintenance, amendment or withdrawal of
his/her recommendation.
(3) If the Commissioner for Fundamental Rights modifies the recommendation, it shall be
considered as a new recommendation from the point of view of the measures to be taken.
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