Privacy Law at Bulgaria
Privacy law in Bulgaria is governed by both national legislation and European Union (EU) regulations, as Bulgaria has been a member of the EU since 2007. As an EU member state, Bulgaria follows EU directives and regulations that govern privacy and data protection, most notably the General Data Protection Regulation (GDPR). Bulgaria also has its own laws and institutions that contribute to privacy protections.
Here’s an overview of the privacy law in Bulgaria:
1. Constitutional Protections
Constitution of Bulgaria (1991):
Article 32 of the Bulgarian Constitution guarantees the right to privacy, specifically protecting individuals from unlawful interference with their private life, family, home, and correspondence.
It also ensures freedom of communication, with the right to protect personal data, emphasizing the importance of privacy within the constitutional framework.
2. Personal Data Protection
General Data Protection Regulation (GDPR):
As an EU member state, Bulgaria is required to comply with the GDPR, which is the primary regulation governing personal data protection across the EU.
The GDPR sets out strict rules for the processing of personal data, including how data is collected, used, stored, and transferred. It applies to both public and private sectors and mandates that personal data should be processed fairly, lawfully, and transparently.
Key provisions of the GDPR, such as individual rights (e.g., the right to access, rectification, erasure, and data portability), apply directly in Bulgaria.
Bulgarian Personal Data Protection Act (PDPA):
The Personal Data Protection Act (2019) in Bulgaria implements the provisions of the GDPR into national law. It provides specific rules on data protection at the local level, aligning with the EU's legal framework.
The law is enforced by the Commission for Personal Data Protection (CPDP), which is the supervisory authority responsible for overseeing compliance with personal data protection laws in Bulgaria.
3. Key Provisions of the Data Protection Law
Rights of Data Subjects: Under both the GDPR and the Bulgarian Personal Data Protection Act, individuals (data subjects) have a range of rights related to their personal data:
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