Voters have the right to prohibit election bodies from disclosing personal data (voters' name, address, age, and gender) registered in the electoral register of the polling district at the request of a candidate or a party drawing up a list during the election campaign period and may also withdraw such previous prohibition.

Eligibility

Voters with a Hungarian domicile are eligible for the procedure.

What you need to do

To exercise your right, you must submit a request.

The application can be submitted electronically, in person, or by a delivery agent.

1. Electronically

The application can be submitted electronically – with electronic identification – on the Personal Electronic Administration User Interface available on the www.magyarorszag.hu website by clicking here.

The DÁP mobile app or Client Gate+ registration required for identification can be accessed via the following links:

• DÁP mobile app registration
• Client Gate+ registration

2. By delivery agent to any local election office.

The form required for submitting the application via a delivery agent (in pdf format) can be downloaded here.

Attention! The personal data provided in the request must correspond to the information on the applicant’s official identification documents, and their Hungarian address must be valid.

When submitting the request, it is possible to provide a notification address to which the National Election Office will send the decision regarding the acceptance or rejection of the request.

Attention! This prohibition does not apply to the disclosure of data regarding voters registered as members of a given national minority, since, in the election of members of the National Assembly and the election of representatives to the national minority self-government, the national minority nominating organization must collect recommendations from voters listed in the national minority register in order to compile a list of candidates or nominate candidates. Collecting signatures is only possible if the collectors know who is registered as a member of the national minority in the central registry, since they must contact these individuals. Therefore, the election office is legally required to provide the national minority self-government with the data of voters registered as members of the given national minority.

Deadlines

The request may be submitted at any time, regardless of the election, but it is advisable to submit it no later than immediately after the election has been called, if the voter has not previously submitted a declaration on prohibition of the disclosure of personal data before the election and wishes prohibit the disclosure or revoke the prohibition in connection with the election.

Once registered, the declaration of prohibition will be valid for all elections, but the prohibition may be withdrawn at any time.

Documents to be submitted

No other documents need to be submitted apart from the application.

Payment obligation

There is no payment obligation for submitting the application.

Competent authority

The National Election Office.

Contact details of local election offices, if the application form is submitted in person or by a delivery agent:

https://www.valasztas.hu/elerhetosegek

Superior authority/legal remedy

An appeal may be lodged against the decision on a request to prohibit the disclosure of personal data.

The appeal may be lodged no later than the thirtieth day after the decision is made.

The appeal must be submitted in writing to the National Election Office:

• by e-mail to: fellebbezes[at]nvi.hu or
• by mail to: National Election Office, 1397 Budapest, mailbox 547. or
• in person: 1054 Budapest, Alkotmány St. 3.

The appeal must contain

• a reference to the violation of rights or interests directly resulting from the decision,
• the name, address, place and date of birth of the applicant, and
• the identification number of the decision subject to appeal.

The absence of the name, address, place and date of birth, and the identification number of the decision subject to appeal shall not result in the rejection of the appeal without substantive examination if the identity of the applicant and the decision subject to appeal can be identified.

The President of the National Election Office shall decide on the appeal, if it does not concern the central electoral register, no later than on the fifteenth day after receipt, if it concerns the central electoral register or the register of postal voters, and the appeal is received no later than the twenty-fifth day before the election, no later than the second working day after its receipt, and if it is received after the twenty-fifth day before the vote, no later than the working day after its receipt, but no later than 3 p.m. on the third day prior to the election.

• If the President of the National Election Office upholds the applicant's appeal, the register will be amended and the prohibition on the release of personal data will be entered in the central register.
• If the President of the National Election Office rejects the applicant's appeal, he or she shall submit the appeal to the Budapest Metropolitan Court no later than the last day of the deadline for its consideration, which shall decide on the appeal no later than the fifteenth day following its receipt, in the case of a decision taken after the election has been called, within three days of its receipt, but no later than the day prior to the election.
• Legal representation is not mandatory in court proceedings.

If the court considers the appeal to be well-founded, it will amend the decision; otherwise, it will reject the appeal.

Other information

The National Election Office processes the application, makes and delivers the decision - for all application forms - by using the election IT system, without human intervention, in the framework of an automatic decision-making procedure, with the following exceptions:

• by an administrator in person or by proxy in the case of an application:
• • identification,
  • recording the request, transmitting the decision,
• the assistance of an administrator shall be provided in the cases specified in paragraph (5) of Article 93 of the Act on Electoral Procedure (e.g. discrepancy between the data in the applicant's application and the data in the central register). After the assistance of an administrator, the application shall be considered in the framework of automatic decision-making procedure.

Relevant legislation

Act XXXVI of 2013 on the Electoral Procedure