Information on Parties
Information for providers
on Parties to Budapest Convention
Partnership agreement with providers
There is no particular agreement with service providers for providing data.
Powers to request information
Production order
In the sense of Article 18 of the Budapest Convention
Competent authority
Law enforcement entities, Prosecution
Basis in law
Article 159 Obligation to hand over objects, papers, computerized data, data about subscribers to computer information service and traffic data
Upon request of the court or the bodies of pre-trial proceedings, all institutions, legal persons, officials and citizens shall be obligated to preserve and hand over all objects, papers, computerized data, including traffic data that may be of significance to the case.
Articles 251 to 251e from the Electronic Communications Act regulate the access to stored data in an electronic services provider.
Art. 250. (1) (suppl. - SG. 105 of 2011, effective 29.12.2011) The undertakings providing public electronic communications networks or public electronic communications services that collect, process and use traffic data the purpose of a call or making a connection must after completion of the call or link to delete the data or it anonymous, unless they are directly necessary for making a new call or connection in the cases provided for in this Act.
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(3) The undertakings under paragraph. 1 store and process traffic data for billing subscribers and for interconnection payments until payment unless their challenge or demand for payment under this Act.
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(8) Upon receipt of consent from the consumer businesses under par. 1 may provide traffic data relating to users for the purpose of providing value added services requiring additional processing of traffic data or location data other than traffic data necessary for conveying the message or its billing.
Art. 251b. (New - SG. 24 of 2015, effective 31.03.2015) (1) The undertakings providing public electronic communications networks and / or services stored for 6 months data generated or processed in the process of their activities that are needed for:
1. The trace and identify the source of the link;
2. identification of the destination of the link;
3. identify the date, time and duration of the relationship;
4. identification of the type of link;
5. identification of electronic communication device user or what is submitted for his terminal;
6. establishment of an identifier of the used cells.
(2) Data under par. 1 shall be kept for the needs of national security and the prevention, detection and investigation of serious crimes.
(3) Other data, including revealing the content of the messages can not be stored in this way.
(4) Data under par. 1 is processed and stored in accordance with the requirements of the protection of personal data.
Art. 251c. (New - SG. 24 of 2015, effective 03.31.2015) (1) The right to request inspection of the data under Art. 251b para. 1 where data are necessary for the performance of their duties are:
1. specialized directorates, regional directorates and autonomous territorial departments of the State Agency "National Security";
2. General Directorate "National Police" Chief Directorate "Combating Organized Crime" and its territorial units, Chief Directorate "Border Police" and its territorial units, the "Internal Security", the Sofia Directorate of the Interior and the regional directorates of the Ministry of internal affairs;
3. "Military Information" and "Military Police" to the Minister of Defense;
4. (amend. - SG. 79 of 2015, effective 11.01.2015) The State Agency "Intelligence".
(2) access to data under Art. 251b para. 1 is a reasoned written request from the head of the bodies under par. 1 or authorized person, including:
1. The legal basis and purpose for which access is necessary;
2. The registration number of the file on which the need for a reference, and user data, when known;
3. The data should be reflected in the report;
4. the period of time encompassing report;
5. full and comprehensive statement of the facts and circumstances justifying the purpose of art. 251b para. 2;
6. The designated officer to whom to provide the data.
(3) For the requests bodies under par. 1 shall keep a special register is not public.
Art. 251d. (New - SG. 24 of 2015, effective 31.03.2015) (1) Access to the data of art. 251b para. 1 is done after authorization by the chairman of the district court or authorized by the judge at the seat of the authority that requested access to which shall issue an order to provide access to data.
(2) Access to information under Art. 251b para. 1 which relate to the chairman of the regional court, his ascendant, descendant, brother or sister, husband or a person, which is a de facto marital cohabitation is carried out with the authorization of the president of the district court.
(3) The order under par. 1 and 2 are motivated and shall contain:
1. The data should be reflected in the report;
2. period of time encompassing report;
3. The designated officer to whom to provide information;
4. name, position and signature of the judge.
(4) given motivated authorizations or denials in the respective district courts shall keep a special register is not public.
(5) For purposes of criminal proceedings data of art. 251b para. 1 shall be submitted to the court and pre-trial authorities under the terms and provisions of the Criminal Procedure Code.
(2) The heads of undertakings providing electronic communications networks and / or services, send the Commission for Communications Regulation list indicating:
1. The current address for receipt of the order of art. 251d para. 1 and Art. 251h para. 2;
2. name, surname and title of authorized officials who receive orders under art. 251g para. 1 and Art. 251h para. 2 and phone contact with them; in case the data within 24 hours notify to the Commission for Communications Regulation and its president immediately provide lists of heads of bodies under Art. 251c, para. 1.
If different for subscriber information
If different for traffic data
Form
Formal request
Preservation order
In the sense of Articles 16 and 17 of the Budapest Convention
Competent authority
Law enforcement entities, Prosecution
Basis in law
The same articles for production order are valid
If different for subscriber information
If different for traffic data
Form
Formal request
Emergency situations
Definition of emergency situation
The Electronic Communications Act states that the Minister of Interior can ask for disclosure of data and provide specific time frame for this. It is not specifically described what is emergency
Obligation to cooperate
Electronic Communications Act – art. 251F
Art. 251f. (New - SG. 24 of 2015, effective 31.03.2015)
- The undertakings providing public electronic communications networks and / or services made reference to the data of art. 251b para. 1 of receiving the reasoned order for access. Incoming order for access is registered in a special register is not public.
- The undertakings providing public electronic communications networks and / or services in the shortest possible period, but not more than 72 hours of receipt in a disposition for access under Art. 251d para. 1 and Art. 251h para. 2, send the data of the official under Art. 251d para. 3 pt. 3. The Minister of Interior and Chairman of the State Agency "National Security" written or authorized by them officials may determine the specific period in which the data to be sent.
- Information for data under Art. 251b para. 1 to undertakings providing electronic communications networks and / or services may operate only officials authorized in writing by the respective head of the enterprise.
- After making her report signed by the head of the undertaking providing public electronic communications networks and / or services, or by writing an authorized official. The report shall be registered in a special register and sent to the specified in the order official to whom to provide the data.
- If the opportunity order of the judge and report under par. 4 shall be transmitted electronically in compliance with the E-Government Act and the Electronic Document and Electronic Signature.
- The data to which it is accessed and have been stored can be retained by the undertaking which has provided for a period not exceeding three months from the date on which the requesting authority to access at his request and after authorization issued pursuant to Art. 251d.
Confidentiality obligation
Obligation of secrecy
In Electronic Communications Act – article 251d states that providers must keep a record of all requests, which is not public.
According to Criminal Procedure Code, any data related to ongoing investigation is not to be disclosed without prior authorization of the Prosecutor.Non respect of the obligation of secrecy
Article 360 of the Penal Code Article
A person who divulges information of military, economic or other nature, which is no state secret, but the divulgence of which is forbidden by law, an order, or other administrative instruction, shall be punished by deprivation of liberty for up to one year or by probation.Exception
Data protection agreements
European Union Member States/ Adequacy
No
Convention 108
No
Additional Protocol ETS 181 to Convention 108
No
Domestic legal framework on data protection
No
Remedies
Safeguards
Access to data stored in electronic services provider is given after authorization from the competent court in the cases provided by the law
Sources and links
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These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.