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Personal data protection

Legal alignment in the area of data protection has been completed. The effective personal data protection is an important element in the alignment process in the area of justice and home affairs. It enhances Bulgaria’s capacity for the future participation in the Schengen Information System as well as in police cooperation, including EUROPOL cooperation, and customs cooperation. A significant step in the effective personal data protection was Bulgaria’s joining the Council of Europe’s Convention on the Persons’ Protection in Connection with the Automated Processing of Personal Data (Strasburg, 1981), which guarantees the protection of personal rights and provides for the creation of an independent body which controls and manages the data protection process.

The National Assembly passed two important pieces of legislation in the area of personal data protection:

  • Personal Data Protection Act (PDPA) in December 2001;
  • Law on the Ratification of the European Council’s Convention 108 for the Protection of Persons in the Processing of Personal Data on May 2002.

The Personal Data Protection Commission was constituted in May 2002. According to PDPA, the Commission is an independent state institution, which manages the protection of personal rights in the processing of personal data and controls the implementation of the law. The Commission includes five officials selected by the National Assembly on proposal of the Council of Ministers. The Commission is currently in a process of strengthening its administrative capacity through additional staff, equipment and training.

The National Assembly also passed on 6 February 2003 amendments to the Law on Ministry of Interior, which align the information functions of the Ministry, and the use and protection of personal data in the police work with the European standards in this area.

 

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