Access to own personal records

Mr. Yonchev had previously attempted to obtain access to the results from two of his psychological examinations, performed by the Ministry of Interior, which had ultimatelly resulted in his retirement in 2002.

With a written decision from February 2003 the HRD director refused to disclose the requested information. The decision was based on some unpublished Instructions of the Minister of Interior, and precisely on its Art. 4, which stated that the personal files of the working and retired Ministry of Interior officials are highly confidential and should be restricted from access.

The legal team of AIP prepared an appeal, which was filed by the plaintiff in the Sofia City Court. With a decision from Nov. 17, 2003 on court case № 2070/2003 the Sofia City Court proclaimed the refusal of the HRD director void and returned the file to the obliged body - the Minister of Interior - for taking a new decision. The motives of the court were that according to the Personal Data Protection Act (PDPA)access to personal data should be provided by the Data controllers. The PDPA defines as data controllers legal entities or persons, as well as state bodies, who determine the kind of personal data processed, stored and secured by him/her or by the state body. Indeed, according to the Act for the Work of the Ministry of Interior the HRD keeps the personal files of the Ministry, but the Rules for keeping and handling the personal files are determined by the Minister. This is why the court determined that the latter was the competent body to take a decision on this specific information request.