8.4. Measures taken by the NPM
I may use the wide range of powers, provided by the Ombudsman Act for
conducting my general activities aimed at protecting a fundamental right,
also while performing the tasks of the NPM.
• In order to remedy the ill-treatment of persons deprived of their liberty,
I may make recommendations to the Head of the inspected authority,150
or even to the Head of its supervisory organ.151 When performing the
tasks of the NPM in 2016, I requested the heads of the inspected places
of detention to take the necessary measures on 114 occasions. I made
another 70 recommendations to the heads of the supervisory organs of
the aforementioned places of detention.
• In order to redress an uncovered impropriety related to a fundamental right or a circumstance pointing to an infringement of a legal rule,
I may initiate proceedings by the competent prosecutor through the
Prosecutor General.152 I did not avail myself of this possibility in 2016.
• If the ill-treatment uncovered in the course of the visit or the danger
thereof can be attributed to a superfluous, ambiguous or inappropriate
provision of a legal rule, or to the lack or deficiency of the legal regulation of the given matter, I may propose that the legislator should modify,
repeal or issue a legal rule.153 As a result of the NPM visits, I made 24
legislative proposals in 2016.154
• If, in the course of my inquiry, I notice 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.155
I availed myself of this possibility on one occasion in 2016.156
8.5.
Publication of the NPM’s reports
“The reports of 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.”157
150
151
152
153
154
155
156
157
See Section 32, Subsection (1) of the Ombudsman Act.
See Section 31, Subsection (1) of the Ombudsman Act.
See Section 33, Subsections (1) and (2) of the Ombudsman Act.
See Section 37 of the Ombudsman Act.
In connection with legislation, see Chapter 6.
See Section 36 of the Ombudsman Act.
In my report AJB-151/2016, I suggested that the National Authority for Data Protection and Freedom
of Information should inquire into the lawfulness of how data on the state of health of detainees held
in the Central Holding Facility of the Metropolitan Police Headquarters of Budapest are handled.
See Section 28, Subsection (2) of the Ombudsman Act.
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