Public Data is Not a Privilege, It's a Right – Here's How to Get What You're Entitled To!

Data is the raw material of the 21st century, yet – unsurprisingly – the labyrinth of the Hungarian public data system is difficult to navigate. We’ll explain what the problem is and what you can do about it.

In the age of the digital economy, it has become clear that data is the most valuable resource. To borrow a simplified historical analogy: in the Middle Ages, land ownership was key; during the Industrial Revolution, it was raw materials. Today, it’s data. Whoever controls the data, holds the advantage—and the market. Public sector information—data produced by state bodies while carrying out their public tasks using public funds—not only ensures transparency and accountability but also holds tangible economic value. A business that lawfully acquires and strategically uses such data in a timely manner can gain significant competitive advantage, especially in innovation-driven sectors.

The European Union recognized this early and has regulated the reuse of public sector information since 2003. The latest milestone is the 2019 Open Data Directive (formerly PSI), which clearly obliges Member States to ensure that, as a general rule, all public sector data must be reusable. This means that EU citizens and businesses must be able to access databases managed by public authorities and use that data for their own purposes. If a fee is charged for access, it must be justified in advance, publicly and precisely. There are strict rules on charging fees, and the state must not abuse this possibility.

Of course, there are exceptions to this general right of access. These include data essential for the provision of key public services, which may be subject to exclusive use agreements—although these must be reviewed every three years and published transparently. Other exceptions include data classified for national security, defense, or public safety reasons, for understandable reasons. Personal data is similarly protected.

The directive explicitly emphasizes that state-owned entities engaged in commercial activity are not exempt from these rules: the state must not grant itself preferential treatment over other market participants. The principle of non-discrimination in this context means that the state must share data with a small startup just as it would with a state-owned enterprise. This is not merely an ethical requirement—it is a legal obligation.

Why does this matter? Because without the free flow of data, a statist and heavily centralized Europe cannot compete in the global data economy—particularly against dominant U.S. tech giants. The economy is increasingly data-driven: when access to data is distorted, unequal, or obstructed, innovation suffers.

So what’s the situation in Hungary? On paper, everything looks fine. The 2023 regulation established the National Data Inventory, operated by the National Data Asset Agency (NAVÜ). The goal is for all public institutions to report what data they hold, where it is available, in what format, and whether there are any restrictions on its reuse. In addition, each institution must designate a data steward and a point of contact responsible for uploading and maintaining the records. NAVÜ is tasked with supporting dialogue between data holders and data requesters. The law also provides for judicial remedies.  

Sounds good, right? The problem is that the system doesn’t actually work. The Public Data Portal contains just over 2,200 data sets—half of which come from the Central Statistical Office. This is an astonishingly low number and does not reflect the actual scope of public sector data assets in Hungary. Entire sectors are missing: agriculture, tourism, finance—it's as if they don’t even exist. From the healthcare sector, for example, only a single dataset (yes, just one!) is available: the cell and tissue bank registry. It was uploaded by the National Public Health and Pharmaceutical Center—which, according to the law, has nearly twenty public responsibilities. It is hard to believe that only one of those involves reusable data. Or take the Hungarian Tourism Agency, which receives data on a daily basis from hundreds of thousands of sources, placing a significant administrative burden on industry stakeholders. And yet, there’s no indication that they intend to share these datasets publicly. Notably, the last time any data-related information was uploaded was January 7, 2025—half a year ago.

Why has it come to this? A charitable explanation would point to organizational chaos, IT shortcomings, or sheer lack of interest. A less benign reading suggests deliberate withholding. It’s not hard to imagine that certain valuable, marketable datasets are being reserved for a select group rather than made available to the public. If this is the case, it not only violates the principle of transparency but undermines the very foundations of a market economy—and provides fertile ground for corruption.

The inventory itself is not public, and the application of exceptions is completely opaque. Data requests are time-consuming, unpredictable, and often fruitless. This puts those economic actors who wish to obtain public data legally, properly, and in good faith at a serious disadvantage.

It must be emphasized: public data is not a privilege—it is a right. Yet the Hungarian reality is that data reuse is often only accessible to the privileged few. The rest are left with paperwork, waiting, excuses—and ultimately, rejection.

But there is a solution. With persistence, a well-crafted strategy, and effective legal representation, valuable public data can indeed be accessed. And you may not even have to wait years for results.

This is where HMP Legal Association (hmplegal.hu) comes in. We are a leading legal firm in Hungary and internationally when it comes to enforcing access to public sector information. Our attorneys have successfully represented data requesters before the Court of Justice of the European Union and the European Court of Human Rights in freedom of information litigation—whether they were journalists, researchers, or businesses.

What do we offer?

• We help you formulate legally precise and effective data access requests.
• We map out what public data might be available and how it can be lawfully reused.
• We provide legally and commercially sound advice on licensing agreements to turn data into real competitive advantage.
• We represent clients before NAVÜ and in court proceedings.

The future is data-driven—but only if the data is truly accessible. If you don’t want others to mine the raw material before you do, take the necessary steps. Data is the gold of the 21st century—don’t let someone else dig it up in your place.