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interest disclosures made in accordance with the Act on complaints and public interest
disclosures, and, upon request, into the proper handling of certain public interest disclosures.
Section 38/B166 – (1) The Commissioner for Fundamental Rights shall provide for the
operation of an electronic system for filing and registering public interest disclosures in
accordance with the Act on complaints and public interest disclosures (hereinafter referred to as
the “electronic system”).
(2) In connection with public interest disclosures filed through the electronic system and their
investigation, the authorities specified under Section 18, Subsection (1), Paragraphs a)-k) shall
provide the Commissioner for Fundamental Rights with data necessary for performing his/her
tasks.
Section 38/C167 – A whistle-blower may submit a petition requesting the Commissioner for
Fundamental Rights to remedy a perceived impropriety if
a) a public interest disclosure is qualified as unfounded by the organ authorized to proceed
under the Act on complaints and public interest disclosures (hereinafter referred to as the “organ
authorized to proceed),
b) the whistle-blower does not agree with the conclusions of the investigation,
c) according to the whistle-blower, the organ authorized to proceed has failed to conduct a
comprehensive inquiry into a public interest disclosure.
Section 38/D168 Staff members of the Office performing tasks directly related to public
interest disclosures shall carry out their duties in positions falling within the scope of national
security checks and requiring a personal security certificate.
Section 11/B169 Inquiry into the review process of national security checks
Section 38/E170 – (1) In accordance with the stipulations of the Act on national security
services, the Commissioner for Fundamental Rights may inquire into ordering and conducting a
review of national security checks from the aspects of fundamental rights related improprieties.
(2) The restrictions stipulated in Section 23, Subsection (2) shall not affect the proceedings of
the Commissioner for Fundamental Rights if consulting a document is essential for the successful
conduct of the given proceedings.
Staff members of the Office performing tasks directly related to the review process of national
security checks shall carry out their duties in positions falling within the scope of national security
checks and requiring a personal security certificate.
12. Exceptional inquiry
Section 39 – (1) If, on the basis of the petition, it may be presumed that–with the exception of
the organs indicated in subsection (3) of Section 18–the activity or omission of the organization
not qualifying as authority gravely infringes the fundamental rights of a larger group of natural
persons, the Commissioner for Fundamental Rights may proceed exceptionally (hereinafter
referred to as ‘exceptional inquiry’).
(2) To exceptional inquiries subsections (5) to (8) of Section 18, Section 19, Section 20,
subsections (1), (3) and (4) of Section 27, Sections 28 to 30 and Sections 34 to 37 shall be applied.
(3) For the conduct of exceptional inquiries the organizations not qualifying as authority shall
be obliged to cooperate.
(4) In order to conduct an exceptional inquiry, the Commissioner for Fundamental Rights may
request a written explanation, declaration, information or opinion from the organization not
Enacted by Section 21, Subsection (1) of Act CLXV of 2013 Effective as of January 01, 2014
Enacted by Section 21, Subsection (1) of Act CLXV of 2013 Effective as of January 01, 2014
168 Enacted by Section 21, Subsection (1) of Act CLXV of 2013 Effective as of January 01, 2014
169 Enacted by Section 46 of Act CIX of 2014 Effective as of February 01, 2015
170 Enacted by Section 46 of Act CIX of 2014 Effective as of February 01, 2015
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167
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