148 Annex 3 – Full text of the Ombudsman Act (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.

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