Act C of 2012 on the Criminal Code (as in force on 1 April 2022) This document has been produced for informational purposes only. Violation of patient autonomy Section 218 (1) A person who performs a) a medical intervention pertaining to modifying the human genome or the genome of an embryo, to human reproduction or to choosing the sex of an unborn child, b) medical research on a human being, an embryo or a gamete, c) the removal of an organ or tissue for transplantation purposes, or the transplantation of an organ or tissue that is subject to consent or permission without consent or permission of the person concerned or failing to provide appropriate information prescribed by law that is necessary for exercising the right to give consent or permission is guilty of a felony and shall be punished by imprisonment for up to three years. (2) A person who removes an organ or tissue from a deceased person despite a statement of prohibition shall be punished under paragraph (1). (3) A person who performs a medical intervention, medical research, or organ or tissue removal or transplantation specified in paragraph (1) that is subject to consent or permission by negligence without consent or permission of the person concerned is guilty of a misdemeanour and shall be punished by imprisonment for up to one year. Misuse of personal data Section 219 (1) A person who, by violating a provision laid down in an Act or a binding legal act of the European Union on the protection or processing of personal data and for gain or causing significant harm to interests, a) processes personal data in an unauthorised manner or in deviation from the purpose of processing, or b) fails to take measures to safeguard such data is guilty of a misdemeanour and shall be punished by imprisonment for up to one year. (2) A person who, by violating a provision laid down in an Act or a binding legal act of the European Union on the protection or processing of personal data, fails to perform his obligation to provide information that is necessary for the data subject to exercise his right of access and, as a result, causes significant harm to the interests of one or more other persons, shall be punished under paragraph (1). (3) The punishment shall be imprisonment for up to two years if the misuse of personal data is committed concerning sensitive data or criminal personal data. (4) The perpetrator is guilty of a felony and shall be punished by imprisonment for up to three years if the misuse of personal data is committed by a public officer or by abusing a public mandate. Misuse of data of public interest Section 220 (1) A person who, by violating the provisions concerning the publicity of data of public interest as laid down in an Act, a) conceals a data of public interest from a requesting party or fails to perform his obligation to disclose data of public interest after being obliged to do so by a court in a final and binding decision, b) falsifies or renders data of public interest inaccessible, c) publishes or renders false or falsified data of public interest accessible is guilty of a misdemeanour and shall be punished by imprisonment for up to two years. (2) The perpetrator is guilty of a felony and shall be punished by imprisonment for up to three years if the misuse of data of public interest is committed for illicit gain. 70 Contact: eu-forditas@im.gov.hu