Hungary: Follow-up to HUN38372.E of 12 March 2002 on the availability of health care to HIV-positive homosexual men; whether positive results of HIV tests are reported by doctors and hospitals to the government and to a patient's employer; treatment of HIV-positive individuals by employers; legislation preventing the dismissal of HIV-positive individuals; whether the state provides HIV-positive patients with drugs for free or subsidizes their cost; reports of HIV-positive patients who buy their drugs in Austria to avoid being reported to the Hungarian authorities (1999-April 2002)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 30 April 2002 |
| Citation / Document Symbol | HUN39013.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Hungary: Follow-up to HUN38372.E of 12 March 2002 on the availability of health care to HIV-positive homosexual men; whether positive results of HIV tests are reported by doctors and hospitals to the government and to a patient's employer; treatment of HIV-positive individuals by employers; legislation preventing the dismissal of HIV-positive individuals; whether the state provides HIV-positive patients with drugs for free or subsidizes their cost; reports of HIV-positive patients who buy their drugs in Austria to avoid being reported to the Hungarian authorities (1999-April 2002), 30 April 2002, HUN39013.E, available at: https://www.refworld.org/docid/3df4be3e20.html [accessed 18 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
In correspondence dated 19 April 2002, the Parliamentary Commissioner for Data Protection and Freedom of Information of Hungary, whose mandate includes the monitoring of data protection and freedom of information, the maintenance of the Data Protection Register, and the participation in debates over draft legislation on data protection, freedom of information and state secrets (PCDPFIH n.d.), stated the following:
According to the Act No LXIII of 1992 on protection of personal data and disclosure of data of public interest (DPFOI Act) personal data shall not be processed unless as consented to by data subject; or ordered by law or – under special provisions of law – by decree of local self-government. Data relating to health – such as results of HIV tests – is qualified as special data by the Act; and shall not be processed unless as consented to in writing by data subject or ordered by law.
According to the relevant Act – Act XLVII of 1997 on the Handling and Protection of Medical Information and Related Personal Data – HIV test is anonymous; but those who have positive result are obliged to reveal their personality to the medical staff (those who have negative test remain anonymous).
The mandatory identification of persons testing positive for HIV is prescribed in Section 15(6) of Act XLVII of 1997. While the bill was drafted by the government and also in its parliamentary debate, Dr. Laszlo Majtenyi – former parliamentary commissioner – persistently argued for upholding the anonymity of HIV testing, and his staff regularly conferred with those who submitted the bill as well as attended the occasionally heated sessions of the competent parliamentary committees.
The medical staff must not forward this data to any authorities (or anyone else) unless the request meets the requirements of the Act. The Act allows to forward data related to health to:
– In criminal procedure: Investigating authorities, public prosecutor, court, medical expert of justice;
– In civil case or administrative procedure: Public prosecutor, court, medical expert of justice;
– In procedures relating [to] offences: To the authority bringing the action;
– Data of those who are liable to military service: To the competent headquarters and the committee which make decision about being fit for military service;
– National Security Services also may require data to carry out their duties.
The listed authorities have to ask the data in written form; they have to indicate the purpose of data handling and also the required categories of data. In most cases investigating authorities must have a permission by a public prosecutor or judge for handling sensitive data. Beyond that, according to the DPFOI Act no personal data shall be processed other than those indispensably required for satisfying the purpose of processing and only in a way compatible with that purpose. Data shall not be used excessively and longer than is required for that purpose.
Summing up: Doctors and medical staff may forward health related data – including results of HIV tests – on the basis of the quoted rules. They do not report results of HIV tests automatically; and they do not report the results to the patient employer.
I also inform you that misuse of special personal data is a crime and the Criminal Code orders to punish it with imprisonment of up to three years.
... In Hungary disadvantageous discrimination (e.g.: firing someone because of being HIV-positive) is absolutely forbidden by the Constitution, Civil Code and by the Labour Act.
This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Parliamentary Commissioner for Data Protection and Freedom of Information of Hungary (PCDPFIH). 19 April 2002. Correspondence from the Commissioner.
_____. n.d. Homepage.
[Accessed 29 Apr. 2002]
