Search

Search Results

• Current Challenges of Confidentiality and Publicity in the View of Information Security

  24-41

  Tamás Szádeczky

  Gergely László Szőke

  Views:

  171

  The paper analyses the issues of confidentiality and publicity, arising from current information security legislation in Hungary. First of all the information security as a state task is analyzed. In Hungary, the information security controls of state and local government entities are regulated. Afterward, on the one hand, the information security as a tool for data protection regulation, state secrets and freedom of information were discussed. On the other hand, information security can be an object of the law, when the protection of security controls is required. One of the main findings of the research was that the information security controls applied at state entities are generally public data (according to freedom of information regulation). Thus it might not stay confidential. We formed proposals to solve this issue.

• Examination of Quality Management Solutions and Their Applicability in the Context of Right to Information

  102-118

  Ádám Marsovszki

  Views:

  134

  With the growing importance of good public administration, the quality of information can be measured primarily through customer satisfaction. In order to provide a uniformly high level of information, it is possible to apply quality management standards and other solutions such as ISO 9000, citizen’s charts and excellence models. However, they are not always able to measure the quality of information in a targeted way, therefore the use of solutions based on customer feedback is required. However, the question arises, whether these classic quality management solutions can still be used in an environment where multi-channel access, electronic communication, automation and artificial intelligence are playing an increasingly important role in public administration and customer information?

• Then and now: laws on first and second generation biometric systems

  78-90

  Ferenc Zoltán Simó

  Views:

  228

  Although the security benefits these technologies offer security benefits to our society, their widespread application can involves and clearly leads to serious legal issues and concerns, including technological encounters, disputes and grave concerns for individual citizens’ rights of privacy. Various forms of identification, such as driving licenses, passports, and other identity cards, are progressively being combined with biometric information used by ever-changing and more advanced systems. With no doubts, it can stated as well that the use of them will be spread to other sectors too. Therefore, It safe to assume that this noticeable prosperity of personal information will involve and ache for more advanced data protection measures, encryption technologies, and other safeguarding measures, both to inspire their acceptance and use by the civilian population and to keep this critical information from falling into the wrong hands.

• Facebook files – is Hate Speech Deleted? The Human Rights As- pects of Content Control of Social Media Platforms

  115-136

  Krisztina Nagy

  Views:

  498

  The internet intermediaries, such as services like Google and Facebook became important actors who can influence the media supply through the personalised information flow tailored by their own algorithms and due to the content moderation of their own platforms. These services have exceeded their previous activities which were merely of an intermediary scope and this change affects substantially the fulfilment of international human rights standards. The article analysed first and foremost the operation of the internet intermediaries, especially of the social media platforms from the freedom of expression point of view. It seeks answers to the question to what extent does the moderation of the user generated content on the platforms, i.e. removing and blocking contents which do not comply with the terms and conditions of the platforms, comply with the requirements of the restriction of human rights. Based on the analysis of Facebook’s own regulatory framework, it evaluates content moderation activity on hate speech on the platform in the context of human rights. It points out the guarantees of human rights which are missing from the content control mechanisms of Facebook.

• Book Review: Ződi, Zsolt: Platforms, Robots and the Law. New Regulatory Challenges in the Information Society

  213-216

  Dorina Gyetván

  Views:

  160

  Zsolt Ződi’s second book was published in 2018 by Gondolat Kiadó under the title Platforms, Robots and the Law and the subtitle New Regulatory Challenges in the Information Society. At first glance, the reader could expect that the book will be dealing with a variety of topics not closely associated with one another, however, we experience the exact opposite when delving into the book. Similarly to Zsolt Ződi’s first book, he dissects a very relevant subject, guiding the reader through a maze of concepts and problems that did not even exist before the 21st century. He does so in such a way that it remains comprehensible and perceptible.

• The Client and Authority Proceedings in the Digital Era

  74-101

  Erzsébet Csatlós

  Views:

  193

  The study examines the digital transformation of Hungarian administrative procedure and the advance of automation. Based on statistical data, the study highlights that in connection with digital public administration procedures, the importance of customer-focused services appears as the standard of digital public administration. Digitalization is dominated by electronic contact options, online information and submission of electronic requests, rather than complete automation of administrative procedures. The study focuses on digital authority procedures from the point of view of how this manifests itself primarily for the client: how to satisfy the need for information, how to contact the authorities and how to initiate the procedure. In addition to the legal bases, this part primarily focuses on the possibilities. After that, the consequences of digital solutions (automation) for making substantive decisions from the customer's point of view are discussed; this part of the study therefore concentrates more on the normative side of the processes and finally analyzes this. As a result, it states that automatic decision-making is mainly used in case of registrative acts based on official records and decisions embodied in decision-type documents, but there are already examples of the automation of the decision-making mechanism in connection with the production of facts. Although more complex automation is just spreading its wings, in connection with the rapid technical development and innovations of recent years, the legal system must keep up with digitalization and not give in to it.

• Regulatory Proposal of the Ombudsman for Future Generations

  10-28

  Gyula Bándi

  Views:

  235

  The most important provisions of environmental liability are available, but the effective enforcement still requires the regulation of several legal conditions. The ombudsman for future generations, following a wide professional and social coordination issued a complex regulatory proposal. The proposal is based upon the EU Environmental Liability Directive within the framework of the existing liability scheme, with a broader understanding of liability, and with the most inclusive approach of the polluter pays principle. Among other elements it covers the financial guarantees, the formation of the financial coverage of state intervention, the implementation of environmental liability attached to the real estates, the availability of and access to the environmental information, the more effective enforcement of environmental liability, and also the setting of conditions of implementation within public administration.  The main objective is to promote responsible environmental behaviour.

• Disclosure of the Data of State-owned Companies in Hungary and Germany: Similarities and Differences

  83-101

  Laura De Negri

  Views:

  73

  The article analyses in a comparative manner the way the publication of data works in Hungary and Germany in the case of state-owned companies. The subject of the analysis is furthermore how the transparency of public property is compatible with the functioning of the market and the protection of trade and business secrets. The article devotes special attention to the issue of the relationship between the request for data in the public interest and trade secrets, and, whether the disclosure of such data may be refused on the basis of avoiding potential business damage. Given that the disclosure of data with public interest and its accessibility are inseparable from the freedom of information, the relevant laws in the countries subject to analysis are also presented. The article highlights the exemplary solutions of the German legal system and, finally, compares the similarities and differences in the regulatory concepts of the two legal systems.

• Developing Blockchain-Based Distributed AI for Personal Data Protection

  9-27

  Dániel Eszteri

  Views:

  572

  The aim of the paper is to present some of the general principles of data protection law that can be applied to automated decision-making built on blockchain-based data processing in order to comply with the provision of the European Union’s General Data Protection Regulation (GDPR). The analysis focuses on the applicability of the ‘data protection by design’ principle during the development of such systems. My hypothesis is that because blockchain-based networks are built on distributed data processing operations, therefore data controlling or processing of participating nodes should comply with some abstract data protection patterns predetermined and collectively built-in during the system’s development phase. For the sake of better understanding, I presented the human mind and its ‘uploading’ with conscious and unconscious content as an analogy to blockchain-based AI systems. My goal is to highlight that the fusion of blockchain and machine learning-based AI can be a suitable technology to develop serious automated decision-making systems (so-called ‘distributed AI’). The compliance of these distributed AI systems with data protection law principles is a key issue regarding the very serious risks posed by them.

• The Value of Personal Data in the Competition Law Assessment of the Facebook–WhatsApp Merger Case

  131-147

  Gábor Polyák

  Gábor Pataki

  Views:

  270

  The European Commission fined Facebook 110 million euros for giving misleading information within the merger procedure on acquiring the messaging service WhatsApp in 2014. The case reached a crossroad of competition law, data protection and consumer law. This was the first time the Commission imposed a fine on a company for inaccurate information since the merger regulation rules were established in 2004. Some authors criticized not only the Commission’s decision from 2017 which imposed the fine, but also the decision from 2014 in which the Commission had decided not to oppose the transaction. Some authors oppose tackling data collection issues through competition law, but some authors raise the question: is competition law enough to consider the case when personal data are involved, too? The controversial part of the decision is not about data protection law, but about the value of personal data from the perspective of competition law.

• The Chinese Internet Censorship Model

  27-36

  Gergely Gosztonyi

  Views:

  217

  Blocking users from information deemed inappropriate by political leaders, making ISPs responsible for the content placedon them, and having to constantly monitor the content is based on so-called cyber sovereignty, according to which every country has the right to choose how to develop and regulate the Internet. The Golden Shield system, operated by the People’s Republic of China and surrounded by a complex and ever-changing legal, technological and human background, can achieve all this. Thus, the main question to which Chinese leaders operating the Golden Shield, China’s means ofimplementing total control, is seeking an answer is: can there be a solution in the 21st century that provides both economic openness and development while maintaining information confinement?

• ’The more speech, the better’: Review of the Book of András Koltay on New Media and Freedom of Speech

  Gergely Gosztonyi

  Views:

  279

  At first glance, the new book of András Koltay seems to be a translation of his recently published volume, New Media and Freedom of Expression: Rethinking the Constitutional Foundations of the Public Sphere (Hart International, 2019). Therefore, one would expect that the work itself does not provide any new information to those who already know the original in English. That could not be less true. As we get to the bottom of this false impression, the review shows the many virtues and minor mistakes of the book.

• Collection of Annotated Bibliographies (2016. Nr. 2)

  113-146

  University of Debrecen Faculty of Law

  Views:

  213

  An annotated bibliography of recent Hungarian legal science books is published regularly (twice a year) in our journal. The annotation is a short, factual description of the usefulness of the book, which, in addition to bibliographic information, defines the genre and briefly outlines the subject matter and the results presented. The authors of the annotations are members of the Faculty of Law of the University of Debrecen (lecturers, PhD students or gradual students). The current issue presents the second part of the book descriptions of books published in 2016.

• Collection of Annotated Bibliographies (2011. Nr. 2)

  137-190

  Colleagues and students of the UD Faculty of Law UD

  Views:

  188

  An annotated bibliography of recent Hungarian legal science books is published regularly (twice a year) in our journal. The annotation is a short, factual description of the usefulness of the book, which, in addition to bibliographic information, defines the genre and briefly outlines the subject matter and the results presented. The authors of the annotations are members of the Faculty of Law of the University of Debrecen (lecturers, PhD students or gradual students). The current issue presents the second part of the book descriptions of books published in 2011.

• Collection of Annotated Bibliographies (2016. Nr. 1)

  175-220

  University of Debrecen Faculty of Law UD

  Views:

  210

  An annotated bibliography of recent Hungarian legal science books is published regularly (twice a year) in our journal. The annotation is a short, factual description of the usefulness of the book, which, in addition to bibliographic information, defines the genre and briefly outlines the subject matter and the results presented. The authors of the annotations are members of the Faculty of Law of the University of Debrecen (lecturers, PhD students or gradual students). The current issue presents the second part of the book descriptions of books published in 2016.

• Imposing Punishments in Practice: The Practice of Imposing Sentences on Drink Driving Based on File Research

  114-132

  Ágnes Pápai-Tarr

  Views:

  223

  I researched the practice of imposing punishments on drink driving in the area of authority of the Court of Debrecen, as a major part of a comprehensive study of the imposition of sentences. The main aim of the research was to collect data about the imposition practice regarding offences which are committed en masse, and result in uncomplicated judgements. Another aim was to study how detailed was the exploration of the factors concerning the personality of the offender, and to what extent the judge could take into account such information during the individualised imposition process. This study describes the results of the file research, primarily focusing on the observations regarding the imposition of certain types of sanctions.

• Collection of Annotated Bibliographies (2013. Nr. 1)

  159-239

  Colleagues and students of the UD Faculty of Law UD

  Views:

  172

  An annotated bibliography of recent Hungarian legal science books is published regularly (twice a year) in our journal. The annotation is a short, factual description of the usefulness of the book, which, in addition to bibliographic information, defines the genre and briefly outlines the subject matter and the results presented. The authors of the annotations are members of the Faculty of Law of the University of Debrecen (lecturers, PhD students or gradual students). The current issue presents the first part of the book descriptions of books published in 2013.

• Collection of Annotated Bibliographies (2010. Nr. 3)

  138-176

  Colleagues and students of the UD Faculty of Law UD

  Views:

  131

  An annotated bibliography of recent Hungarian legal science books is published regularly (twice a year) in our journal. The annotation is a short, factual description of the usefulness of the book, which, in addition to bibliographic information, defines the genre and briefly outlines the subject matter and the results presented. The authors of the annotations are members of the Faculty of Law of the University of Debrecen (lecturers, PhD students or gradual students). The current issue presents the third part of the book descriptions of books published in 2013.

• Public Hearing as a Safeguard of Fair Trial in Criminal Proceedings

  46-61

  Tamás Háger

  Views:

  186

  The primary aim of my paper is to examine the questions related to the institute of public hearing. As we know, publicity is one of the most important safeguards of fair trial in criminal procedure. In my opinion, it is necessary to examine these procedural questions in a scientific depth in the light of both the case decisions of the High Courts and the practice of the European Court of Human Rights. The study examines one of the important pledges of a fair trial, the effectiveness of the basic principle of publicity in the criminal procedure. It explores the principle from a dogmatic point of view, and also in the light of both the European standards and the regulations currently in force. It mentions the limitation and exclusion of publicity, and the legal consequences of violating publicity in a great detail. Classic legal institutes are shifted into new dimensions by the technical improvements of the modern world and the media broadcasts from courts, and the paper points it out that for the sake of having an undisturbed court hearing and verification, some modifications on certain legal regulations may be justified. The study also mentions the standpoints of legal literature regarding the notion of publicity in detail, and by summarizing them it attempts to define the notion of the given basic principle as per aspects of law science, considering the characteristics of the 21st century. After the establishment of law theory principles, besides introducing the regulation in force and touching upon court practice, my paper analyzes questions that are more and more current, especially due to the reports by the electronic media, which sometimes cannot only disturb the order of the court, but also the procedure of verification. So, after the examination of basic hypotheses and the legal institute, it draws the conclusion that the development of the legal institute justifies the modification of the procedural law in the future, especially in connection with informing the press.

• Collection of Annotated Bibliographies (2013. Nr. 2)

  167-209

  Colleagues and students of the UD Faculty of Law UD

  Views:

  170

  An annotated bibliography of recent Hungarian legal science books is published regularly (twice a year) in our journal. The annotation is a short, factual description of the usefulness of the book, which, in addition to bibliographic information, defines the genre and briefly outlines the subject matter and the results presented. The authors of the annotations are members of the Faculty of Law of the University of Debrecen (lecturers, PhD students or gradual students). The current issue presents the second part of the book descriptions of books published in 2013.

• Expanding Zoo? Judgments of the EU Court of Justice on Participation of Slovakian NGOs in Environmental Administrative Proceedings

  118-131

  László Szegedi

  Views:

  167

  The Aarhus Convention guarantees access to information, public participation and access to justice in environmental matters. The Convention as a so-called mixed-agreement has been ratified by the EU as well as by its Member States. The Convention-related case-law of the Court of Justice of the EU (CJEU) especially relating to Slovakia (see, C-240/09 – Slovak bears, C-243/15 – Slovak deers) shows that the Court has broadened the locus standi of NGOs before national courts using them in order to facilitate the enforcement of EU law. The activism followed by the Court in these judgements could be considered as environmental-specific expression of the objective of broader law enforcement before national courts. However it depends on national courts whether this kind of CJEU judgments could acquire cross-border relevance by their application of national judges. "A mű a KÖFOP-2.1.2-VEKOP-15-2016-00001 azonosítószámú, _ „A jó kormányzást megalapozó közszolgálat-fejlesztés”_ elnevezésű kiemelt projekt keretében működtetett Ludovika Kutatócsoport keretében, a Nemzeti Közszolgálati Egyetem felkérésére készült."

• Collection of Annotated Bibliographies (2012. Nr. 1)

  169-212

  Colleagues and students of the UD Faculty of Law UD

  Views:

  137

  An annotated bibliography of recent Hungarian legal science books is published regularly (twice a year) in our journal. The annotation is a short, factual description of the usefulness of the book, which, in addition to bibliographic information, defines the genre and briefly outlines the subject matter and the results presented. The authors of the annotations are members of the Faculty of Law of the University of Debrecen (lecturers, PhD students or gradual students). The current issue presents the first part of the book descriptions of books published in 2012.

• Collection of Annotated Bibliographies (2014. Nr. 2)

  261-324

  Colleagues and students of the UD Faculty of Law UD

  Views:

  152

  An annotated bibliography of recent Hungarian legal science books is published regularly (twice a year) in our journal. The annotation is a short, factual description of the usefulness of the book, which, in addition to bibliographic information, defines the genre and briefly outlines the subject matter and the results presented. The authors of the annotations are members of the Faculty of Law of the University of Debrecen (lecturers, PhD students or gradual students). The current issue presents the second part of the book descriptions of books published in 2014.

• Collection of Annotated Bibliographies (2010. Nr. 2)

  105-138

  Colleagues and students of the UD Faculty of Law UD

  Views:

  149

  An annotated bibliography of recent Hungarian legal science books is published regularly (twice a year) in our journal. The annotation is a short, factual description of the usefulness of the book, which, in addition to bibliographic information, defines the genre and briefly outlines the subject matter and the results presented. The authors of the annotations are members of the Faculty of Law of the University of Debrecen (lecturers, PhD students or gradual students). The current issue presents the first part of the book descriptions of books published in 2012.

• Towards a European Legal Scholarship. Recommendations of the German Council of Science and Humanities (Wissenschaftsrat) on the Development of Education and Research

  54-61

  Péter Sólyom

  Views:

  124

  The German Council of Science and Humanities (Wissenschaftsrat) in 2012 published its study „Perspectives of Legal Scholarship in Germany. Current Situation, Analyses, Recommendations”. The recommendations are preceded by empirical and quantitative descriptions that provide information on the current situation of legal study and research in Germany. The document emphasizes the importance of cooperation between theoretical and practical part of the legal education. The report considers that students should acquire the ability of critical approach to legal prac- tice instead of memorising the substantive legal rules.