During the hearing, I enquired from the Government’s representative whether the Hungarian legislation provided for the personal data not only of tax defaulters but also of other “rule-breakers” to be made public. For instance, what about traffic violators, in particular those who have developed the habit of driving under the influence? Those who misappropriate property? Bribe-givers and takers? Disclosers of State secrets? Sexual offenders? Polygamists? Those guilty of domestic violence? Exam cheaters? Criminals “in general”? The list could go on: killers, bank robbers, criminal gang members, drug dealers, human traffickers, smugglers, illegal arms traders, etc. From the representative’s cursory response, I understood that indiscriminate tax defaulters were in good company: there is a register of sexual offenders, the entries in which are publicly accessible. As to the other mentioned and unmentioned categories of “rule-breakers”, I took the omission to answer my direct question as confirmation that they have been spared. The public is informed as to where a tax defaulter lives, but not a serial killer or a child abductor.
I almost exclaimed: “But where is everybody?” But no. This question was asked by Enrico Fermi in a loftier context than that of the present case. So I did not enquire any further.
Concurring opinion of judge Kuris in L.B. v. Hungary [GC], no. 36345/16, 9 March 2023
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