PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE

NATIONAL SECURITY SERVICE ACT

Act CXXV of 1995 on the National Security Services (the “National Security Service Act”); Act XXXIV of 1994 on the police (the “Act on Police”); and Act XIX of 1998 on Criminal Proceedings (the “Criminal Proceedings Act”) give the competent court and in the case of the intelligence agencies under the National Security Service Act, the Minister of Justice, the power to authorise the interception of a person’s communications following an application made by the relevant intelligence agency or law enforcement agency (“LEA”).

ELECTRONIC COMMUNICATIONS ACT

Under section 92(1) of Act C of 2003 on Electronic Communications (the “Electronic Communications Act”), electronic communications service providers in Hungary are required to cooperate with organisations authorised to conduct covert investigations and to use their facilities in their electronic communications systems so as not to prevent or block covert investigations, e.g. interceptions.

In addition under section 92(2) of the Electronic Communications Act, at the written request of the National Security Services, electronic communications service providers are required to conclude an operational agreement with the National Security Services within 60 days concerning the application of the means and methods of covert investigation operations.

CRIMINAL PROCEEDING ACT

Under section 202(6) of the Criminal Proceedings Act, interception by LEAs may only be conducted if obtaining evidence by other means reasonably appears to be unlikely to succeed or would involve unreasonable difficulties, and there is probable cause to believe that evidence can be obtained by the interception.

Under section 71 of the Act on Police and s.203 of the Criminal Proceedings Act, the competent court can issue an order for interception. Under sections 57-58 of National Security Services Act, the competent court or the Minister of Justice, can issue an order for interception.

GOVERNMENT DECREE ON COOPERATION

The Electronic Communications Act and Government decree No. 180/2004 on the rules of cooperation between electronic communication service providers and authorities authorised for secret data collection (the “Government Decree on Cooperation”) requires electronic communications service providers to cooperate with LEAs and intelligence agencies in relation to covert investigations and the set-up and maintenance of interception equipment.

Under section 3(a) of the Government Decree on Cooperation, electronic communications service providers, must ensure, among other things, that all conditions necessary for the implementation of tools in relation to covert investigation operations are provided; e.g. a lockup room where the necessary equipment can be placed and non-stop technical assistance, if required.

Under section 3(3) and section 6(3) of the Government Decree on Cooperation, LEAs and intelligence agencies can implement technical devices so that they have direct access to the networks of electronic communications service providers, without the personal assistance of the employees of the service providers.

DISCLOSURE OF COMMUNICATIONS DATA

ELECTRONIC COMMUNICATION ACT

Under section 157(10) of the Electronic Communications Act intelligence agencies, courts and a range of other public authorities have the power to acquire the metadata relating to customer communications including, among others, traffic data, IMEI number, service use information, subscriber information, but not the content of the communications.

Under section 92(2) of the Electronic Communications Act, electronic communications service providers may be required to disclose the content of stored customer communications (e.g. voicemail) (if available). Electronic communications service providers cannot be required to store the content of customer communications.

Under section 68 of the Act on the Police, if a request is made by the police in relation to serious crimes (as set out under section 68 of the Act on the Police), the supply of data cannot be refused.

NATIONAL SECURITIES ACT

Under section 11(5) of the National Securities Services Act, the competent minister investigates complaints made in relation to the activities of the intelligence agencies.

In addition, lawful process and transfer of personal data is also monitored by the National Authority for Data Protection and Freedom of Information, the president of whom hears and investigates complaints about any alleged misuse of personal data.

NATIONAL SECURITY AND EMERGENCY POWERS

Except as already outlined in this report, government agencies do not have any other legal authority to invoke special powers in relation to access to communication service providers customer data and/or networks on the grounds of national security.

ELECTRONIC COMMUNICATIONS ACT

Under section 37(1) of the Electronic Communications Act, for the protection of human lives, health, physical integrity, or for the protection of the environment, public safety and public policy, or for the prevention of dangers exposing significant threats to a broad range of users, or that directly jeopardize the operations of other service providers and users, a resolution may be adopted on the prohibition of the provision of any service or the use of radio frequencies.

Under section 37(1) of the Electronic Communications Act, the National Media and Infocommunications Authority (the “Authority”) may pass a resolution on the prohibition of the provision of any service or the use of radio frequencies.

OVERSIGHT OF THE USE OF THESE POWERS

No appeal can be submitted against the relevant resolution of the Authority in relation to the prohibition of the provision of any service or the use of radio frequencies. However, judicial review of the resolution can be requested from the competent court.

Interception is subject to the prior, or in urgent cases the subsequent, approval of the court/minister. No appeal can be submitted against an order of the court/minister unless the interception resolution is in relation to an ongoing investigation under the Criminal Proceedings Act.

CENSORSHIP RELATED POWERS

SHUT-DOWN OF NETWORK AND SERVICES

ELECTRONIC COMMUNICATIONS ACT

Under Section 37(1) of the Electronic Communications Act, the National Media and Communications Authority (the “NRA”) may pass a resolution prohibiting the provision of any particular network or telecommunications service or the use of specified radio frequencies. Such a resolution may be made for the protection of human life or health; for the protection of the environment; the protection of public safety and public policy; or to prevent situations where there is an imminent and direct threat jeopardising the operation of network operators or other businesses. Such a resolution would have the effect of requiring Vodafone to shut-down its network or services.

ACT ON STATE EMERGENCY

Under Section 64(2) to 64(4) of the Act on a State of Emergency, a resolution requiring the temporary limitation or shutdown of electronic communications may be ordered. Such resolution may be made by the Committee of National Security, the President of Hungary or the Hungarian government, depending on the specific type of state emergency. Under Sections 48 to 52 of the Fundamental Act of Hungary, generally a ‘state of emergency’ is declared where there is war, threat of war, or internal armed conflicts. In a state of emergency the shut-down of Vodafone’s network or services may be ordered.

BLOCKING OF URLS & IP ADDRESSES

MEDIA SERVICES ACT CLXXXV OF 2010

Section189(4) of the Media Services Act CLXXXV of 2010 gives the power to Hungary’s Media Council to order electronic communications service providers, such as Vodafone, to temporarily block certain online content by blocking the relevant IP addresses.

ACT ON GAMBLING

Under section 36/G of the Act on Gambling, the National Tax and Customs authority may order the blocking of sites on which illegal gambling is made available.

POWER TO TAKE CONTROL OF VODAFONE’S NETWORK

ACT ON STATE EMERGENCY

Under Section 64(2) to s64(4) of the Act on State of Emergency, a resolution ordering the takeover of control of electronic communications devices may be adopted by the Committee of National Security, the President of Hungary or the Hungarian government depending on the specific type of extraordinary circumstance. Whilst ‘electronic communications device’ is not defined it is considered likely that in such circumstances the government, president or committee would be inclined to adopt a broad interpretation. Therefore it is feasible that these powers could be used to take control of a network provider’s network (such as Vodafone’s).

OVERSIGHT OF THE USE OF POWERS

ELECTRONIC COMMUNICATIONS ACT

A resolution of the NRA prohibiting the provision of any particular network or telecommunications service or prohibiting use of specified radio frequencies cannot be appealed. However judicial review of the resolution can be requested from the competent court.

ACT ON STATE EMERGENCY

The rules for legal remedies at the time of a state emergency are not presently specified; they are determined at the time of the emergency.

CRIMINAL PROCEDURES ACT

Powers to order the blocking of IP addresses under Section 158/B(2) of the Criminal Proceedings Act and Section 77 of Act C of 2012 of the Criminal Code are exercised by the criminal court.

ACT CLXXXV OF 2010

A resolution of the Media Council to temporarily block IP addresses is subject to judicial review if a request for judicial review is made to the competent court.

ACT ON GAMBLING

The operator of the blocked site may request the review of the blocking resolution at the court.

This information was originally published in the Legal Annexe to the Vodafone Group Law Enforcement Disclosure Report in June of 2014, which was updated in February of 2015.

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