Act 154 of 1997 (Health Act), Articles 25 (1)-(7) and 138 (1)-(2) (Hungary)
Targeted professionals: Doctors and health professionals
Professional Secrecy Provisions
Conditions for disclosing information
Article 25 (3) says that no permission is required of the patient for disclosing information on his or her health 1. if a law orders the disclosure 2. if the disclosure is necessary in order to protect other people's life, bodily integrity, and health. Article 138 (2) of the Health Act also states that the doctor or other health professional is not bound by professional secrecy if the legislation (decree or law) orders the disclosure of this data. Article 17 (2) of the Child Protection Act explicitly orders health professionals (among other professionals) 1. to notify the child welfare service if a child is endangered and 2. to initiate procedure at the authorities if the child is "abused, severely neglected, or severely endangered or if the child severely endangers himself or herself or others" Also, Act 47 of 1997 (Health data procedure Act) orders doctors to report to police if they treat a serious injury due to crime (24§ (1)) or if a child might be endangered or abused (24§ (3)).
Right or duty to report
Duty to report if the conditions for disclosure are met.
Existence of disciplinary sanctions in case of non-reporting
Disciplinary sanctions in case of non-reporting. In case Article 17 (2) of the Child Protection Act (CPA) is violated (the health professional does not report child endangerment / does not initiate procedure at the authorities in case of severe child endangerment), the Guardianship Office recommends disciplinary procedures against the professional at his or her employer. The Guardianship Office initiates criminal procedures if there is suspicion of crime against the child (Article 17 (4) of the CPA). Criminal procedures might also be initiated (Endangering a person under work duty, Article 171 of the Penal Code)
Date of entering into force
01/07/1998 (Articles 25 and 138 entered into force)