2008. évi LXVI. törvény
a Magyar Köztársaság Kormánya és az Amerikai Egyesült Államok Kormánya között a bűncselekmények megelőzése és az ellenük való küzdelem terén folytatott együttműködés fokozásáról szóló Megállapodás kihirdetéséről1
1. § Az Országgyűlés e törvénnyel felhatalmazást ad a Magyar Köztársaság Kormánya és az Amerikai Egyesült Államok Kormánya között a bűncselekmények megelőzése és az ellenük való küzdelem terén folytatott együttműködés fokozásáról szóló Megállapodás (a továbbiakban: Megállapodás) kötelező hatályának elismerésére.
2. § Az Országgyűlés a Megállapodást e törvénnyel kihirdeti.
3. § A Megállapodás hiteles angol nyelvű szövege és annak hivatalos magyar nyelvű fordítása a következő:
Agreement Between the Government of the Republic of Hungary and the Government of the United States of America on Enhancing Cooperation in Preventing and Combating Crime)~„Agreement Between the Government of the Republic of Hungary and the Government of the United States of America on Enhancing Cooperation in Preventing and Combating Crime
The Government of the United States of America and the Government of the Republic of Hungary (hereinafter „Parties”),
Prompted by the desire to cooperate as partners to prevent and combat crime, including terrorism, more effectively,
Recognizing that information sharing is an essential component in the fight against crime, including terrorism,
Recognizing the importance of preventing and combating crime, including terrorism, while respecting fundamental rights and freedoms, notably privacy,
Following the example of the Treaty of Prüm on enhancing cross-border cooperation, and
Seeking to enhance and encourage cooperation between the Parties in the spirit of partnership,
Have agreed as follows:
Article 1
Definitions
For the purposes of this Agreement,
1. Crimes shall mean, for purposes of implementing Articles 4 and 5 of this Agreement, conduct constituting an offense punishable by a maximum deprivation of liberty of more than one year or a more serious penalty. To ensure compliance with their national laws, the Parties may agree to specify particular crimes for which that Party shall supply personal data as described in Articles 6 and 9 of the Agreement.
2. Criminal justice purpose shall include activities defined as the administration of criminal justice, which means the performance of any of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation activities of accused persons or criminal offenders. The administration of criminal justice also includes criminal identification activities.
3. DNA profiles (DNA identification patterns) shall mean a letter or numerical code representing a number of identifying features of the non-coding part of an analyzed human DNA sample, i.e. of the specific chemical form at the various DNA loci.
4. Personal data shall mean any information relating to an identified or identifiable natural person (the „data subject”).
5. Processing of personal data shall mean any operation or set of operations which is performed upon personal data, whether or not by automated means, such as collection, recording, organization, storage, adaptation or alteration, sorting, retrieval, consultation, use, disclosure by supply, dissemination or otherwise making available, combination or alignment, blocking, or deletion through erasure or destruction of personal data.
6. Reference data shall mean a DNA profile and the related reference (DNA reference data) or fingerprinting data and the related reference (fingerprinting reference data). Reference data must not contain any data from which the data subject can be directly identified. Reference data not traceable to any individual (untraceables) must be recognizable as such.
Article 2
Purpose of this Agreement
The purpose of this Agreement is to enhance the cooperation between the United States of America and the Republic of Hungary in preventing and combating crime.
Article 3
Fingerprinting data
For the purpose of implementing this Agreement, the Parties shall ensure the availability of reference data from the file for the national automated fingerprint identification systems established for the prevention and investigation of criminal offenses. Reference data shall only include fingerprinting data and a reference.
Article 4
Automated searching of fingerprint data
1. For the prevention and investigation of crime, each Party shall allow the other Party’s national contact points, as referred to in Article 7, access to the reference data in the automated fingerprint identification system which it has established for that purpose, with the power to conduct automated searches by comparing fingerprinting data. Search powers may be exercised only in individual cases and in compliance with the searching Party’s national law.
2. Firm matching of fingerprinting data with reference data held by the Party in charge of the file shall be carried out by the searching national contact points by means of the automated supply of the reference data required for a clear match.
Article 5
Alternative means to search using identifying data
1. With regard to the search powers in Article 4, until the Republic of Hungary has a fully operational and automated fingerprint identification system that links to individual criminal records and is prepared to provide the United States with automated access to such a system, it shall provide an alternative means to conduct a search using other identifying data to determine a clear match linking the individual to additional data. Search powers shall be exercised in the same manner as provided in Article 4 and a clear match will be treated the same as a firm match of fingerprinting data to allow for the supply of additional data as provided for in Article 6.
2. The search powers provided for under this Agreement shall be used only for a criminal justice purpose, which shall apply at the border when an individual for whom the additional data are sought has been identified for further inspection.
Article 6
Supply of further personal and other data
Should the procedures referred to in Article 4 and 5 show a match between fingerprinting data or other identifying data, the supply of any available further personal data and other data relating to the reference data shall be governed by the national law, including the legal assistance rules, of the requested Party.
Article 7
National contact points and implementing agreements
1. For the purpose of the supply of data as referred to in Articles 4 and 5, each Party shall designate one or more national contact points. The powers of the contact points shall be governed by the national law applicable.
2. The technical and procedural details for the searching conducted pursuant to Articles 4 and 5 shall be set forth in one or more implementing agreements or arrangements.
Article 8
Automated searching of DNA profiles
1. If permissible under the national law of both Parties and on the basis of reciprocity, the Parties may allow each other’s national contact point, as referred to in Article 10, access to the reference data in their DNA analysis files, with the power to conduct automated searches by comparing DNA profiles for the investigation of crime. Searches may be exercised only in individual cases and in compliance with the searching Party’s national law.
2. Should an automated search show that a DNA profile supplied matches a DNA profile entered in the other Party’s file, the searching national contact point shall receive by automated notification the reference data for which a match has been found. If no match can be found, automated notification of this shall be given.
Article 9
Supply of further personal and other data
Should the procedure referred to in Article 8 show a match between DNA profiles, the supply of any available further personal data and other data relating to the reference data shall be governed by the national law, including the legal assistance rules, of the requested Party.
Article 10
National contact point and implementing agreements
1. For the purposes of the supply of data as set forth in Article 8, each Party shall designate a national contact point. The powers of the contact point shall be governed by the national law applicable.
2. The technical and procedural details for the searching conducted pursuant to Article 8 shall be set forth in one or more implementing agreements or arrangements.
Article 11
Supply of personal and other data in order to prevent and combat crime, including terrorism
1. For the prevention and combating of crime, including terrorism, the Parties may, in compliance with their respective national law, in individual cases, even without being requested to do so, supply the other Party’s relevant national contact point, as referred to in paragraph 6, with the personal data specified in paragraph 2, in so far as is necessary because particular circumstances give reason to believe that the data subject(s):
a. will commit or has committed terrorist or terrorism related offenses, or offenses related to a terrorist group or association, as those offenses are defined under the supplying Party’s national law, or
b. is undergoing or has undergone training to commit the offenses referred to in subparagraph a, or
c. will commit or has committed a criminal offense, or participates in an organized criminal group or association.
2. The personal data to be supplied shall include, if available, surname, first names, former names, other names, aliases, alternative spelling of names, sex, date and place of birth, current and former nationalities, passport number, numbers from other identity documents, and fingerprinting data, as well as a description of any conviction or of the circumstances giving rise to the belief referred to in paragraph 1.
3. The supplying Party may, in compliance with its national law, impose conditions on the use made of such data by the receiving Party. If the receiving Party accepts such data, it shall be bound by any such conditions.
4. Generic restrictions with respect to the legal standards of the receiving Party for processing personal data may not be imposed by the transmitting Party as a condition under paragraph 3 to providing data.
5. In addition to the personal data referred to in paragraph 2, the Parties may provide each other with non-personal data related to the offenses set forth in paragraph 1.
6. Each Party shall designate one or more national contact points for the exchange of personal and other data under this Article with the other Party’s contact points. The powers of the national contact points shall be governed by the national law applicable.
Article 12
Privacy and Data Protection
1. The Parties recognize that the handling and processing of personal data that they acquire from each other is of critical importance to preserving confidence in the implementation of this Agreement.
2. The Parties commit themselves to processing personal data fairly and in accord with their respective laws and:
a. ensuring that the personal data provided are adequate and relevant in relation to the specific purpose of the transfer;
b. retaining personal data only so long as required and relevant for the legitimate purpose for which the data were provided or further processed in accordance with this Agreement; and
c. ensuring that possibly inaccurate personal data are timely brought to the attention of the receiving Party in order that appropriate corrective action is taken.
3. This Agreement shall not give rise to rights on the part of any private person, including to obtain, suppress, or exclude any evidence, or to impede the sharing of personal data. Rights existing independently of this Agreement, however, are not affected.
Article 13
Limitation on processing to protect personal and other data
1. Without prejudice to Article 11, paragraph 3, each Party may process data obtained under this Agreement:
a. for the purpose of its criminal investigations;
b. for preventing a serious threat to its public security;
c. in its non-criminal judicial or administrative proceedings directly related to investigations set forth in subparagraph (a); or
d. for any other purpose, only with the prior consent of the Party which has transmitted the data.
2. The Parties shall not communicate data provided under this Agreement to any third State, international body or private entity without the consent of the Party that provided the data and without the appropriate safeguards.
3. A Party may conduct an automated search of the other Party’s fingerprint or DNA files under Articles 4 or 8, and process data received in response to such a search, including the communication whether or not a hit exists, solely in order to:
a. establish whether the compared DNA profiles or fingerprint data match;
b. prepare and submit a follow-up request for assistance in compliance with national law, including the legal assistance rules, if those data match; or
c. conduct record-keeping, as required or permitted by its national law.
The Party administering the file may process the data supplied to it by the searching Party during the course of an automated search in accordance with Articles 4 and 8 solely where this is necessary for the purposes of comparison, providing automated replies to the search or record-keeping pursuant to Article 16. The data supplied for comparison shall be deleted immediately following data comparison or automated replies to searches unless further processing is necessary for the purposes mentioned under this Article, paragraph 3, subparagraphs (b) or (c).
Article 14
Correction, blockage and deletion of data
1. At the request of the supplying Party, the receiving Party shall be obliged to correct, block, or delete, consistent with its national law, data received under this Agreement that is incorrect or incomplete or if its collection or further processing contravenes this Agreement or the rules applicable to the supplying Party.
2. Where a Party becomes aware that data it has received from the other Party under this Agreement are not accurate, it shall take all appropriate measures to safeguard against erroneous reliance on such data, which shall include in particular supplementation, deletion, or correction of such data.
3. Each Party shall notify the other if it becomes aware that material data it has transmitted to the other Party or received from the other Party under this Agreement are inaccurate or unreliable or are subject to significant doubt.
Article 15
Documentation
1. Each Party shall maintain a record of the transmission and receipt of data communicated to the other Party under this Agreement. This record shall serve to:
a. ensure effective monitoring of data protection in accordance with the national law of the respective Party;
b. enable the Parties to effectively make use of the rights granted to them according to Articles 15 and 19; and
c. ensure data security.