Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Hungary

Tracing of telecommunications (102)

1. MEASURE IMPLEMENTATION

Hungary

Is this measure possible in your Member State under International Judicial Cooperation?

Yes, it is possible. In the course of data collection, the investigating authority may perform data collection – according to the law governing its operation – not subject to judicial permit. (See Paragraph (2) of Section 178 of Act No XIX of 1998 on Criminal Proceedings) As a part of this activity, the police may gather information on communications systems and other data storages in order to fulfil its law enforcement duties. (See Paragraph (1) h) of Section 64 of Act No XXXIV of 1994 on the Police) After ordering the investigation, if deemed necessary owing to the nature of the case, the prosecutor or the investigating authority may request data – according to the rules of official requests – on the suspect (the person against whom the complaint was filed and on the potentially suspected offender) from organisations providing communication services. (See Paragraph (1) of Section 178/A of Act No XIX of 1998 on Criminal Proceedings) The electronic communications network operators and electronic communication service providers shall be required to retain - among others - the following data relating to the subscribers or users of such electronic communications services for a period of one year following the time they were generated: -in connection with mobile telephon services, concerning the equipment used at the time of communication, the International Mobile Equipment Identity (IMEI) of the calling and the called party, and the International Mobile Subscriber Identity (IMSI) of the calling and the called party; -in connection with mobile telephony services, the location label (cell ID) and network identifier at the start of the communication, and the data identifying the geographic location of cells by reference to their location labels (cell ID) during the period when the service was provided. (See Paragraph (1) and (3) of Article 159/A of Act No C of 2003 on Electonic Communications)

2. LEGAL FRAMEWORK

Hungary

International legal framework applicable for this measure in your Member State

European Convention of 20 April 1959 on Mutual Assistance in Criminal Matters; Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union

3. COMPETENT AUTHORITY TO:

Hungary

* receive the request/decision for judicial cooperation

The request shall be submitted to the competent prosecution office.

* execute/recognise the measure (if other than the receiving authority)

N/A

4. ACCEPTED LANGUAGES

Hungary

Accepted languages for the request/decision

A translation of the request for assistance and documents annexed thereto into either Hungarian, or any of the official languages of the Council of Europe, will be required, if they are not drawn up in these languages.

5. EXECUTION DEADLINE

Hungary

Deadlines for the execution of the request/decision (where applicable)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Hungary

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 6 July 2016 by EJN Secretariat

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