05 November 2012 г.

The request was filed by the journalist Anna Mihova in August 2010. She demanded access to information on the application process and the evaluation procedure of non-profit organizations applying for funding from the 2010 state budget. More precisely, she asked for information about approved for financing organizations, results of inspections and audits, the names of the members of the Committee considering the applications for funding and approving specific projects.

 

The Ministry of Justice granted access to a bigger part of the requested information, but refused information about the names and the positions of the members of the Ministry of Justice Committee which evaluates the project submitted by non-profit legal entities. The ground for refusal was personal data protection exemption.

 

With a decision as of April 2011(in Bulgarian), the Administrative Court Sofia City repealed the partial refusal and obligated the Ministry of Justice to provide the requested information. In their judgment, the court signified that the information could not be defined as personal data since the disclosure of the official position of the persons did not contain identification data about their personal lives. The court decision was appealed by the Ministry of Justice.  


With a decision as of October 29, 2012 (in Bulgarian), the Supreme Administrative Court rejected the appeal of the Ministry of Justice and upheld the decision of the first instance court. In their judgment that the names and the positions held by civil servants are not personal data, the justices referred to the Constitutional Court practice according to which the protection of personal data of persons holding government position is lower compared to the protection of personal data of other citizens.