Access to Information Programme
18/11/2019

An important victory for the AIP and the freedom of expression.


By Decision No. 8 on the 15th of November 2019, the Constitutional Court (CC) declared unconstitutional the provision of Article 25z, Para 2 of the Personal Data Protection Act (PDPA) which introduced 10 criteria for the assessment of journalistic expression.

The controversial provision, which poses a risk of restriction on the freedom of expression, remained in force despite the campaign against it, actively led by the AIP, and despite the presidential veto from the 4th of February 2019.

After 55 deputies had submitted a request to the Constitutional Court challenging the provision, in June 2019 the Constitutional Court allowed for examination of the substance. AIP was among the organizations invited to submit written observations on the case.

"I believe that the CC correctly took into account the great danger that lies in the detailed drawing up of criteria for assessing journalistic expression, even when those criteria have their analogy in the case law of the European Court of Human Rights (ECtHR) and the Court of Justice – case law, which the Bulgarian institutions and judicial authorities are obliged to comply with”, said the head of AIP’s legal team Alexander Kashumov in an interview for the news website capital.bg.