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Schengen

Personal Data Protection

The objective of regulations in the area of personal data protection is to guarantee the security of the personal data processed in the framework of the Schengen Information System and to determine the conditions for data processing which must be observed.

The Shengen evaluation in the field of “Data Protection” took place at the end of April 2009.

Every Member State provides independent control by an independent authority of the lawfulness of processing and transfer of personal data in the SIS on its territory, as well as of the further processing of additional data. 

With the Council Conclusions (26 April 2010) it was confirmed that Bulgaria fulfills the data protection requirements - prerequisite without which the input of data into SIS and the performance of the SIS/SIRENE evaluation cannot start. The Conclusions reflect the positive results of the evaluation mission in the field of data protection.

The Commission for Personal Data Protection is the independent Bulgarian state authority which provides protection of persons when processing their personal data and when accessing such data, as well as control of the compliance with the Law on Personal Data Protection.

EU LEGAL FRAMEWORK IN THE FIELD OF PERSONAL DATA PROTECTION

Convention for Protection of Human Rights and Fundamental Freedoms of the Council of Europe, Rome, 04 November 1950 (also called the "European Convention on Human Rights" and "ECHR")

• Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, Chapter 3, art. 102-118

• Convention No. 108 of the Council of Europe of January 28, 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data

• The Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows, November 2001 – ratified and  promulgated  (SG 6/22 Jan. 2010).

• Recommendation No. R (87) 15 of the Council of Europe Committee of Ministers, dated September 17th 1987, regulating the use of personal data in the police sector.

• Directive 95/46/ЕC of the European Parliament and of the Council, of 24 October  1995, on the protection of individuals with regard to the processing of personal data and on the free movement of such data

• Regulation 1987/2006 of 20 December 2006 on the establishment, operation and use of the second generation Schengen information system

• Council Decision 2007/533 of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System

BULGARIAN LEGAL FRAMEWORK IN THE FIELD OF PERSONAL DATA PROTECTION

Constitution of the Republic of Bulgaria

•  Art. 4, para. 2 of the Constitution - The Republic of Bulgaria shall guarantee the life, dignity and rights of the individual and shall create conditions conducive to the free development of the individual and of civil society
• Art. 5, para. 4 of the Constitution - International treaties which have been ratified in accordance with the constitutional procedure, promulgated and having come into force with respect to the Republic of Bulgaria, shall be part of the legislation of the State. They shall have primacy over any conflicting provision of the domestic legislation
• Art. 32 of the Constitution - the privacy of citizens shall be inviolable 
• Art. 41, para. 2 of the Constitution – the right of information of individuals shall be guaranteed

Law for Protection of Personal Data (Prom. SG. 1 of 04 Jan 2002., amend. SG. 57/13 Jul 2007)

Rules on the Activity of the Commission for Personal Data Protection and its Administration (Prom. SG No. 11 of 10 February 2009)

The Law for the Ministry of Interior (prom. SG. 17/24 Feb.2006, amend. SG 98/14 Nov. 2008, amend. SG 93/24 Nov. 2009).

Ordinance № Iз-1187/26 June 2007 for the rules and procedures for police registration.

Instruction № Із-381 of 10 March 2009 for the order of processing personal data in the Ministry of Interior (Prom. SG 23/27 March 2009, amend. SG 39/26 May 2009) – will be updated.