HUN-1995-2-007
a) Hungary / b) Constitutional Court / c)   / d) 30-06-1995 / e) 46/1995 / f)   / g) Magyar Közlöny (Official Gazette), 56/1995 / h) .
 
Keywords of the Systematic Thesaurus:
 
 
Fundamental Rights - General questions - Limits and restrictions.
Fundamental Rights - Civil and political rights - Right to private life.
 
Keywords of the alphabetical index:
 
Personal identification number.
 
Headnotes:
 
The universal personal identification number (PIN) is in conflict with the right to self- determination of information and implies a direct and significant restriction on the basic rights protecting personal data. The extension of the validity of the personal identification number is unconstitutional because it is avoidable and constitutes a disproportionate constraint on a fundamental right.
 
Summary:
 
The Economic Stabilisation Act includes several provisions on the amendment of Act 52 of 1992 which deals with the Registration of the Personal Data and the Addresses of Citizens. The validity of the PIN, currently extending to 31 December 1995, would be extended to 31 December 1999. Legislators had provided no proof whatsoever that there was a compelling reason for so extending the validity of the PIN number. Constitutionally, it is not justifiable to severely limit fundamental rights over a ten year period, having regard to the declaration of the Rule of Law in the Constitution. The Court therefore declared that the extension of the validity of the PIN number was unconstitutional.
 
Supplementary information:
 
One of five interrelated decisions examining the constitutionality of the Government's austerity plan.
 
The decision built upon a 1991 decision of the Constitutional Court that declared unconstitutional the unlimited, general and uniform use of the personal identification number (PIN), and decision no. 29/1994 of 20 May 1994 that declared unconstitutional the use of the PIN number in specific areas.
 
Languages:
 
Hungarian.