Making electronic data inaccessible

hu

Making electronic data inaccessible is a measure taken by a public authority to ensure that electronic data – such as emails, files, cloud content or social networking data – cannot be temporarily deleted, modified or destroyed during a pending procedure. This measure is intended to ensure the security of evidence and the lawful conduct of proceedings. Making electronic data inaccessible is primarily used in criminal proceedings, as well as in certain administrative and judicial proceedings, provided that the necessary legal conditions are met. It can be ordered by the investigating authority, the prosecutor’s office or the court, typically on the basis of judicial or legal authorisation.

The measure is implemented by the relevant service providers, such as electronic communications operators or online service providers. After receiving a request from the authorities, they are obliged to retain the data concerned and to ensure the temporary blocking of said data by technical or administrative means. The request must state the legal basis for the procedure, the scope of the data concerned, and the duration of the intervention.

Making the data inaccessible does not mean permanent deletion; rather, it serves to preserve the data until the procedure is concluded. Once the restriction has been lifted, the service provider is required to restore access, provided that there is no legal obstacle to this. This measure ensures the integrity of evidence while also respecting the privacy rights of the subject.

The role of the NMHH

On the basis of Sections 92/A, 159/B and 159/C of Act C of 2003 on Electronic Communications, the NMHH organises and supervises the enforcement of the temporary and permanent blocking of access to electronic data as ordered by the court in a criminal case, as well as of making electronic data inaccessible, as ordered by the authority designated in a separate Act. To this end, the Authority operates a central database of decisions on making electronic data inaccessible (KEHTA), including the processing of data entered therein.

NMHH Decree 19/2013 (X. 29.), which entered into force on 1 January 2014, contains the technical and procedural rules on how service providers need to connect to the central database operated by the NMHH, which contains the decisions relating to making electronic data inaccessible.

Central database (KEHTA)

Pursuant to Act C of 2003 on Electronic Communications, the Authority has been running the central database of decisions and orders, as well as notifications under the Gambling Operations Act or the Consumer Protection Act on making electronic data inaccessible (KEHTA for short) since 1 January 2014, and processes the data entered therein for the purpose of its operation.

Technical assistance

The purpose of the Technical Assistance System (TSR) established by the NMHH is to relieve, in part, service providers of the technical burden of blocking access, should they so request.

Technical recommendation

On the basis of Section 159/C(7) of Act C of 2003 on Electronic Communications, the NMHH may issue a recommendation on best practices of meeting the obligation to prevent access. The aim of the recommendation is to facilitate the effective implementation of decisions to make electronic data inaccessible on the basis of uniform technical criteria, thereby providing support to service providers in fulfilling this obligation.