Data provision from the Personal Data and Address Register

The data provision from the Personal Data and Address Register is regulated by the Act LXVI of 1992 on Keeping Records on the Personal Data and Address of citizens (hereinafter referred to as Act) and by the Government Decree 146/1993 (X.26.) on the implementation of the above mentioned Act (hereinafter referred to as: ImpD).

According to the Section 17 Subsection (1) of the Act, on application by the citizen or a legal entity or an entity without legal personality, the organs of registration shall provide data under the conditions and within the limitations laid down in the Act, in case of evidence of the purpose and legal title of their use.

As of Section 20, subsection (1) the natural personal identification data (place and date of birth, mother’s name), address of domicile, place and date of death of the citizen can be supplied to any other citizen, legal entity or entity without legal personality, if it is provided for by an Act or if the applying citizen or entity without legal personality proves his right or justified interest to using up the information by a deed, or if a legal entity requires them for the purpose of enforcement of its proved rights or meeting its obligations against the citizen. The purpose and legal title of data provision can be certified by reference to the law determining their task or by a certificate. Even in the aforementioned cases, only as much information can be provided as a maximum that is still sufficient for satisfying the purpose of its use.

The deed has to certify the fact or event evidencing the legal relation existing or which has existed between the person concerned and the applicant that justifies the purpose of using data.

According to Section 22 Subsection (1) of ImpD when applying for provision of data, the natural personal identification data appropriate for identification as well as the address of domicile of the citizen concerned must be provided. In case of a person to be identified individually, the organ of registration shall perform data provision in the event that only data of one particular person are in accordance with features indicated.

Pursuant to what has gone before in application, the natural personal identification data appropriate for identification (surname and forename; mother’s name; place and date of birth) as well as last address of domicile must be submitted, in addition the applicant must make a declaration about the purpose (for example institution of execution of a will) as well as legal title of use of the data.

The client can send the Application in writing form per post to our office address -1094 Budapest, Balázs Béla u. 35., our fax: +36-1-4556-779) - or to the addresses of Hungarian diplomatic  missions (embassy or consular office), furthermore personally at the Customer Service Centre of our Office (address: 1062 Budapest, Andrássy út 55.). Opening hours from Monday to Thursday: from 8 a.m. to 16 p.m., on Fridays from 8 a.m. to 13.30 p.m.

The application for data provision may be submitted by proxy as well. In this case the application for data provision must contain the authorization in writing, too.

Act CXL of 2004 on the General Rules of Administrative Proceedings and Services pursuant to Section 40 Subsection (2) if the client is not involved personally, the authority is obliged to check the representative’s authorization for representation. The representative shall be required to verify his authorization for representation by way of the means specified in Section 40/A. The authorization for representation shall be fixed in writing or recorded in a memorandum. If the authorization is made in writing, the authorized representative shall attach the original of the authorization for representation, or a certified copy to the documents at the time of first contact. Where the authorization for representation is made out in writing, it shall be fixed in an authentic instrument or a private document with full probative force. A power of attorney made out to an attorney at law need not be witnessed if signed by client himself; otherwise the provisions of the relevant legislation shall apply.

Where the authorization for representation is made out abroad, it shall be fixed in an authentic instrument or a certified private document, and shall be re-certified.

An authentic instrument made out abroad and any private document certified by a foreign court, administrative body, notary public or any other person vested with authenticity shall - unless any legal regulation pertaining to the case concerned, an international agreement or the principle of reciprocity suggests otherwise - be considered affirmative proof according to Hungarian laws if endorsed by the Hungarian foreign mission in the country where it was issued. Any instrument made out in a language other than Hungarian shall be accepted only with the official translation attached, unless otherwise prescribed by any legal regulation pertaining to the type of case concerned.

Information regarding the administration service fee

The administration service fee of complete service of data provision as well as personal contact for the purpose of establishing relation and for message forward from the Personal Data and Address Register is regulated by the Ministry of Justice and Law Enforcement and Leading Minister of Prime Minister’s Office joint Decree 16/2007. (III.13.) by virtue of an administration service fee shall be paid for the data provision.

The amount of the administrative service fee is: from 1 to 5 persons 3500 HUF, over 5 persons 730 HUF per person.

In case of an application from abroad or by the competent embassy / consular office the client must pay the administration service fee as a consular fee, at the competent Hungarian Embassy or Consular Office after the fulfilment of the application.

If the applicant requires delivery of documents by an agent for services of process, the administration services fee must be paid within 15 days, based on invoice with cash transfer order.

The fee must be paid even if

• the person sought for is not included in the register or on the basis of criteria specified by the data applicant the person can not be identified,
• in the case of a personal contact  the person sought for does not declare even at the request of the authority, he does not contribute to the data provision, or he does not accept the notice sent by mail to him, or the notice is returned to the competent authority after attempted completion of the mail service with the remark "did not search",
• the completed service is not accepted by the data applicant even at the request of the authority, or
• the personal and address data figured in the data provision are the same as the data known by the data applicant.

Fulfilling the data provision the data manager always informs the applicant in written form on the following facts:

1. that the applicant can use the supplied data only for the indicated purpose;
2. that the applicant mustn’t give this data to incompetent persons.

So the use of the supplied data is limited and purpose-related.