12 May 2010

On May 12, 2010, AIP submitted an Opinion Statement to the State Commission on Information Security with regard to the proposed mandatory instructions on the correct processing with data collected by intercept devices.

 

According to Appendix No. 1, List of Categories of Information Subject to Classification as State Secret, to Art. 25 of the Protection of Classified Information Act (PCIA), such information shall be classified. This puts a serious obstacle to the civil control over the interference with the fundamental right to privacy. Furthermore, the protection of information collected by special intelligence intercepts is the reason to classify court cases of high public interest only because evidence were collected by intercept devices. AIP stressed that classification of such information falls outside the scope of the protected interests, listed in Art. 25 of the PCIA, namely the national security, the defence, the foreign policy or the protection of the constitutionally established order. AIP recommended classification of information collected by intercept devices threatening these interests to be done on case by case basis, by applying the harm test and according to the constitutional principle according to which the right of access to information is the principle and every limitation must be exceptional.


The statement is available in Bulgarian ( 162Kb)