The Hungarian Constitutional Court has declared that the right to informational self-determination was infringed upon in the case of Dániel Németh, a photographer for the news outlet 444, who had been monitored using the Pegasus spyware.

The court ruled that a lower court had improperly dismissed Németh's lawsuit without substantial examination, a decision that was found to be unconstitutional.

The surveillance occurred under the auspices of the National Security Authority, which had classified information relating to Németh as state security data.

Németh had sought information from the National Security Authority regarding who had deemed his data to be of national security interest and when this classification was made.

He also requested access to his personal data that was being processed.

The National Security Authority denied this request, citing national security laws as the basis for its refusal.

With support from the Hungarian Civil Liberties Union (TASZ), Németh subsequently appealed to the courts.

However, the Capital Court did not conduct a thorough review to ascertain whether the invocation of national security was valid and proportional in Németh's situation.

The Constitutional Court emphasized that it cannot become a norm for courts to reject cases without investigation whenever national security is cited; a substantial justification is required, one that is subject to scrutiny.

The decision has been interpreted as a clear message that the state cannot use national security as a blanket justification to conceal reasons for surveilling individuals.

Furthermore, the ruling comes in the context of an incident in which Németh's registration to cover a public event during Pope Francis's visit to Hungary in 2023 was reportedly denied due to national security concerns.

Officials had claimed that Németh represented a national security risk, leading to his exclusion from the papal press events.

The responsible government office sought to control which journalist could represent the publication.

Dániel Németh is known for his investigative photography that has shed light on issues the ruling elites in Hungary would prefer to keep hidden.

His notable work includes capturing secretive gatherings involving influential figures such as businessman Lajos Simicska and government officials like Péter Szijjártó, who were previously not publicly visible in such a context.

The outcome of this case could potentially impact law and practice regarding the oversight of national security surveillance and the rights of journalists in Hungary.