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a) the person who is affected by the petition forming the basis of the inquiry conducted by the
Commissioner for Fundamental Rights is his/her relative within the meaning of the Code of
Civil Procedure, or
b) by giving an answer he/she would accuse himself or herself or his/her relative within the
meaning of the Code of Civil Procedure of the perpetration of a criminal offense, concerning the
questions relating thereto.
Section 23 – (1) In the course of his/her inquiry affecting the Hungarian Defense Forces, the
Commissioner for Fundamental Rights may not inspect
a) documents related to inventions, products or defense investments of outstanding
importance for the national defense of Hungary, or documents on the development of national
defense capabilities, that contain essential information thereon,
b) documents containing a battle order extract of the Hungarian Defense Forces up to the level
of divisions, or documents containing aggregate data on the formation, maintenance and
deployment of stocks of strategic material,
c) documents containing the plans on the use of the Hungarian Defense Forces under a special
legal order,
d) documents on the protected command system of the higher state and military leaders,
e) documents concerning the military preparedness, alert and sales system of the Hungarian
Defense Forces, compiled documents on mobilization readiness and the level of combat
readiness of the Hungarian Defense Forces, aggregate military preparedness plans of the military
districts and of military organizations of the same or of a higher level or related documents on
the whole organization,
f) aggregate plans of the organization of communications of the Ministry directed by the
Minister responsible for national defense and of the Hungarian Defense Forces, key and other
documentation of the special information protection devices introduced or used,
g) the detailed budget, calculations or development materials of the Hungarian Defense Forces,
h) international cooperation agreements and plans, or data of military hardware that are
classified by common accord as ‘top secret’ data by the parties to the international cooperation,
or
i) documents relating to devices of strategic reconnaissance and to the functioning thereof, or
documents containing aggregate data on the protection of the Hungarian Defense Forces against
reconnaissance.
(2) In the course of his/her inquiry affecting the national security services, the Commissioner
for Fundamental Rights may not inspect
a) registers for the identification of individuals cooperating with the national security services,
b) documents containing the technical data of devices and methods used by the national
security services for intelligence information gathering, or documents making it possible to
identify the persons using them,
c) documents relating to encryption activities and encoding,
d) security documents relating to the installations and staff of the national security services,
e) documents related to document security and technological control,
f) documents access to which would make possible the identification of the source of
information, or
g) documents access to which would infringe the obligations undertaken by the national
security services towards foreign partner services.
(3) In the course of his/her inquiry affecting the police, the Commissioner for Fundamental
Rights may not inspect
a) international cooperation agreements and plans concluded with police organs of other
countries or with international organizations, joint measures taken in the course of international
cooperation, or data and information originating from the cooperation and put at the disposal of
an organ of the police, if the contracting parties have requested their protection as classified data,
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