05.01.2013 Views

REMEMBRANCE IN TIME - Index of

REMEMBRANCE IN TIME - Index of

REMEMBRANCE IN TIME - Index of

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Péter BLAZOVICH: Possibilities to Research Communism in Several Ex-Communist… 363<br />

The publication <strong>of</strong> them would draw legal action from the part <strong>of</strong> the concerned people,<br />

and their usage in scientific publication would be questionable due to the lack <strong>of</strong> original<br />

sources. According to the experience <strong>of</strong> the institutions, owning similar database can be<br />

used only as a guide supporting the researches; however that is important, too.<br />

The rights <strong>of</strong> the concerned people<br />

Any Hungarian and foreign individuals can apply for introspection into the files that had<br />

been made <strong>of</strong> them by the state security organs. The introspection doesn’t entitle the<br />

concerned person to discover the personal data <strong>of</strong> others – within a certain period <strong>of</strong><br />

protection - , except for the identifying data <strong>of</strong> the employees serving the former system,<br />

and the data, recorded on public events or the personal data that had been formerly<br />

published.<br />

After the death <strong>of</strong> the concerned person the bereaved (spouse, relatives, step-children,<br />

step parents, brothers) inherit the right for introspection.<br />

Scientific or other researches<br />

Doing scientific and private researches is possible at the Historical Archive. The<br />

research worker, who has the permission <strong>of</strong> the Archive Advisory Board can have an<br />

introspection to the personal data contained in the files and related to his research project,<br />

except for the data, related to the health-condition, the addictions and the sexual life <strong>of</strong><br />

the concerned people. The researcher is entitled to get acquainted with the personal<br />

identifying data <strong>of</strong> the agents and <strong>of</strong>ficial employees <strong>of</strong> the state security organisation.<br />

The private researchers can get acquainted with the personal data, except for the files<br />

recorded at public events, the data that had already been published in a legal way, or the<br />

data, necessary to the identification <strong>of</strong> the public faces being agents only after the<br />

protection period.<br />

Publication<br />

The relating regulation doesn’t oblige the Historical Archive to publish the original<br />

documents or registers, and the publishing possibilities are strictly limited. According to<br />

the 5 th § <strong>of</strong> the statute the personal data can be discovered by anybody only after the<br />

period <strong>of</strong> protection, except for the data related to the public events, the data, that had<br />

already been published earlier, or the identifying data <strong>of</strong> the public faces and the public<br />

agents. The Constitutional Court concreted the publication possibilities. In 2005 they<br />

made a decision upon the publication <strong>of</strong> the identifying personal data <strong>of</strong> the agents: as the<br />

researchers and also the concerned citizens can get to know the above data, there is no<br />

social need for the limitation <strong>of</strong> the basic right <strong>of</strong> publication. According to the<br />

regulations the archive cannot publish lists <strong>of</strong> agents, operative registers or originals with<br />

the personal data <strong>of</strong> the concerned. However, the data related to the career <strong>of</strong> the leading<br />

employees <strong>of</strong> the state security authority is being processed in its archontology database,<br />

also available on the internet.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!