VZCZCXRO1559
RR RUEHDBU RUEHFL RUEHKW RUEHLA RUEHNP RUEHROV RUEHSL RUEHSR
DE RUEHUP #0089/01 0421542
ZNY CCCCC ZZH
R 111542Z FEB 10
FM AMEMBASSY BUDAPEST
TO RUEHC/SECSTATE WASHDC 4900
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHDC
RHMFISS/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHDC

C O N F I D E N T I A L SECTION 01 OF 02 BUDAPEST 000089 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR S/CT PSCHULTZ, EUR/ERA ANARDI, L/LEI KPROPP, 
A/GIS/IPS/PRV CTHOMAS, EUR/CE JMOORE, USEU/ECON LSNYDER. 
DOJ FOR TBURROWS, MLWARREN; DHS FOR MSCARDAVILLE, JKROPF, 
JBEDNARZ; TREASURY FOR JYOO, CGREENE. 
 
E.O. 12958: DECL: 02/08/2020 
TAGS: KTFN KCRM KHLS KPAO PTER ECPS ECON PREL HU
SUBJECT: LAW ENFORCEMENT AND COUNTERTERRORISM 
INFORMATION-SHARING AND DATA PRIVACY ISSUES WITH EUROPE 
 
REF: SECSTATE 8403 
 
Classified By: ECONOMIC OFFICER STEVEN WESTON FOR REASONS 1.4(B) AND (D 
) 
 
¶1. (C) Summary.  There is a good record of information 
sharing cooperation between U.S. and GOH law enforcement 
agencies on law enforcement and counterterrorism issues. 
Hungary's post-communist era constitution, with its broad 
guarantees of individual rights and liberties, requires high 
levels of personal data protection.  President Solyom, the 
data privacy ombudsman, and Hungary's Constitutional Court 
have all strongly advocated more stringent standards for data 
privacy and protection.  If, as widely expected, the 
opposition Fidesz party wins April's elections, the next 
government - with its emphasis on law-and-order issues - will 
likely be more supportive of law enforcement-related 
information sharing arrangements.  End summary. 
 
¶2.  (U) Embassy delivered reftel points to MFA's EU and 
Public Law Department Head Istvan Horvath, and to Petra Jeney 
and Peter Stauber, the head and deputy head of the Department 
of Cooperation in the Ministry of Justice and Law 
Enforcement's Directorate of Justice and Home Affairs. 
 
GOOD RECORD OF INFORMATION SHARING COOPERATION 
 
¶3. (SBU)  There is a good record of information sharing on 
law enforcement and counterterrorism issues between the U.S. 
and Hungary.  Hungary and the United States have a Mutual 
Legal Assistance Treaty (MLAT) and a nonbinding information 
sharing arrangement designed to enable U.S. and Hungarian law 
enforcement to work more closely to fight organized crime and 
illicit transnational activities.  Two bilateral agreements 
concluded in 2008 as part of the visa waiver negotiations - 
one on the Exchange of Screening Information Concerning Known 
or Suspected Terrorists and a second on Enhancing Cooperation 
in Preventing and Combating Crime - specifically provide for 
sharing of personal and biometric data of criminal and 
terrorist suspects and perpetrators.  In addition to the 
formal mechanisms for information-sharing contained in the 
MLAT, the Embassy's Assistant Legal Attache and the 
U.S.-Hungarian Joint Organized Crime Task Force regularly 
cooperate on a more informal basis. 
 
THE ISSUE OF DATA PROTECTION IN HUNGARY 
 
¶4. (C)  Despite close information sharing cooperation 
bilaterally, within the EU and publicly Hungary often 
supports positions favoring data protection and privacy 
issues over law enforcement-related information sharing. 
Individual rights and personal freedoms are important to 
Hungarians, and these beliefs are deeply enshrined in 
Hungary's post-communist era Constitution.  The 
Constitutional Court has interpreted this to require high 
levels of personal data protection.  In addition, personal 
data protection is a key issue for Hungary's President Laszlo 
Solyom, the former head of Hungary's Constitutional Court and 
one of the primary architects of Hungary's Constitution.  For 
example, Solyom initially refused to sign the visa waiver 
agreement with the United States based on data protection 
concerns, and has stated that he will not visit the United 
States as long as he is required to provide his fingerprints. 
 
¶5. (C)  In addition, under Hungarian law, Hungary's data 
protection ombudsman is given broad authority.  Support from 
the ombudsman is seen as key to obtaining parliamentary 
approval for legislation, and the government often rewrites 
legislation to address ombudsman concerns.  The current 
ombudsman is Andras Jori, a protege of President Solyom who 
was appointed in 2008 for a six-year term.  The 
Constitutional Court also applies a stringent test in 
reviewing cases challenged for failing to ensure adequate 
data protection.  For example, both the use of closed circuit 
security cameras at public football matches and the inclusion 
of personal data on medical prescriptions have been 
challenged as violations of personal data protection rights 
in Hungary. 
 
¶6. (C) Finally, the government ministry structure tends to 
favor data protection over law enforcement considerations. 
Currently, responsibility for both law enforcement and data 
 
BUDAPEST 00000089  002 OF 002 
 
 
protection falls within the same Ministry - the Ministry of 
Justice and Law Enforcement.  As a result, debates between 
law enforcement and privacy considerations are generally 
resolved at a sub-cabinet level, and do not benefit from 
cabinet or Prime Minister level consideration. 
 
¶7. (C)  For these reasons, Hungary often supports positions 
within the EU favoring data protection and privacy rights 
over information sharing.  That said, in a meeting on 
February 5, Dr. Petra Jeney, Head of the Department of 
Cooperation in the Ministry of Justice and Law Enforcement, 
noted that Hungary supports initiatives which offer greater 
certainty and clarity in information sharing like the efforts 
of the High Level Contact Group to develop a binding 
international U.S.-EU agreement on common personal data 
protection principles. 
 
¶8. (C)  Regarding a European Passenger Name Record (PNR) 
system, Jeney expected that the Commission would soon table a 
proposal.  She noted that Hungary would need to see the text 
before taking a formal position, and noted that key questions 
for Hungary include whether the PNR system would be 
centralized or decentralized, as well as who would bear the 
cost of the system.  She noted that given Hungary's general 
position favoring greater data protection, Hungary is not 
likely to be an open supporter, but that Hungary would not be 
obstructionist either. 
 
HUNGARY'S EU PRESIDENCY AND NATIONAL ELECTIONS 
 
¶9. (C)  Hungary's position on data protection issues could 
become more moderate as its January 2011 EU Presidency 
approaches.  According to Jeney, with its upcoming 
presidency, Hungary views its "pro-European" role as 
facilitator overriding national tendencies favoring data 
protection over information sharing.  The presidency 
country's role "is to support initiatives," said Jeney, 
adding that Hungary is unlikely to hinder the development of 
information sharing arrangements like the European PNR system 
or others described reftel. 
 
¶10. (C)  National elections in April may bring a slight 
policy shift on this issue domestically as well.  With the 
expected election of the opposition Fidesz party in April, 
the new government is expected to put greater emphasis on law 
and order issues.  In addition, Fidesz has already announced 
that, if elected, it will separate ministries responsible for 
law enforcement and data protection issues, which will allow 
conflicts that arise to be addressed at the cabinet or prime 
minister level.  Although President Solyom's term will end in 
2010, the privacy ombudsman is expected to remain in office 
until 2014. 
 
INFLUENTIAL DECISION-MAKERS AND EMBASSY POCS 
 
¶11. (C)  With Fidesz's expected win in April, Fidesz 
officials will likely become influential policymakers on 
these issues in the future.  In addition, Fidesz party 
president Viktor Orban is also Vice President of the European 
People's Party, currently the largest group in the European 
Parliament with 265 members.  Given his focus on domestic 
issues, however, Orban is unlikely to openly support any 
issue that might play negatively at home.  Hungarian data 
protection ombudsman Andras Jori is another influential actor 
on these issues.  Finally, senior officials at the Ministry 
of Justice and Law Enforcement are key decision makers in the 
current government. 
 
12 (C)  Embassy points of contact on this issue are Econ 
Chief Steven Weston and Econ Officer Jeffrey Jordan. 
KOUNALAKIS