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The right of personal data protection as a basic human right

The Personal Data Protection Act (PDPA) was published in the State Gazette No.1 of January 04, 2002. The law is part of the legal framework (requirements in Chapter 24) necessary for the accession process of Bulgaria in the European Union. The adoption of the law is a necessary precondition for entry into force of the Council of Europe Convention for the protection of individuals with regard to automatic processing of personal data (still not ratified by Bulgaria).

From the accumulated practice by Access to Information Programme (AIP) concerning the right of personal data protection we can infer the following:
1. The citizens are not familiar with their right of protection against illegal processing (and collecting, in particular) of personal data.
2. The Personal Data Protection Act introduces obligations for the persons who process personal data (data controllers). Data controllers - both state bodies and legal entities don't know their new obligations under the law and meet difficulties with the interpretation and therefore with the implementation of the PDPA definitions and requirements.
3. PDPA provides for the creation of a Commission for Personal Data Protection as an independent state body. The Commission has to adopt two regulations about its organization and operation and about the organization of the registers which will be kept by the Commission. Such regulations have not been adopted in Bulgaria yet.

The project objective is to increase the people's awareness of the right to personal data protection. This will be achieved by means of a public campaign for promoting the human right to personal data protection against their illegal processing as well as by education of state bodies and legal entities processing personal data to implement their obligations under PDPA. Legal assistance will be provided in cases when the right of data protection is violated.

In connection with the main project objective the following activities will be done.

Creation of an expert group, which will include jurists, media experts and a representative from the Commission for Personal Data Protection set up under the law. The main task of this expert group, will be to prepare expert analysis of international standards of data protection legislation and to evaluate PDPA, to explore the practical problems under the law, to prepare analysis and guide the media campaign and to participate in the organized public discussions.

Organization of a seminar to present the analyses of the expert group. In the discussions, the participants - citizens, journalist, data controllers and representatives from the Commission for Personal Data Protection - .will identify the problems of the implementation of PDPA. The media campaign for the promotion of the people's right to personal data protection will be arranged in accordance with the findings of the seminar.

Publishing of educational materials.
· Preparation, printing and dissemination of a leaflet - Do you know your rights?
· Preparation, printing and dissemination of a poster;

Media campaign:
The media campaign will include:
· Publication of advertisements in newspapers;
· Publications in the central and local media;
· Maintaining of web site with on line forum concerning personal data;
· Consultations and explanations under the law in AIP office;
· Media coverage, participation in radio and TV programs

Legal consultations
Comments and free legal assistance will be provided for citizens, journalists and NGOs in cases connected with personal data protection. Access to Information Programme lawyers will provide the counseling in the AIP office. Online Internet forum will be opened on the AIP web site (www.aip-bg.org), which will give the opportunity for online consultation on concrete questions under PDPA.

Press conference
At the end of the project a press conference will be held, on which the expert group will present the results from the project and the recommendations on the implementation of PDPA

 


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English Version • Last Update: 28.01.2003• © 1999 Copyright by Interia & AIP