[pp.int.general] Data retention Law in Bulgaria

Bogomil Shopov shopov.bogomil at gmail.com
Wed Dec 23 11:41:20 CET 2009


Yesterday the Bulgarian Parliament adopted at 1^st  reading the latest
amendment in the Law on Electronic Communications, which once again
introduces elements from the Data Retention Directive in the Bulgarian
legislation.

Like in all the former
proposals<http://bogomil.blogactiv.eu/2009/02/03/fight-for-rights-and-differences-%e2%80%93-what-is-going-on-with-the-internet-bugging/>,
the human rights are extremely violated.

*Here are some points of the proposal: *

1. The Ministry of Interior will have access through a direct interface to
the data for the calls and the mobile devices positioning of every single
citizen without any legal reason. Court order is required, but the term
“interface” is also introduced and this gives the agencies direct and
untraceable access to the general national database for every one of us,
rendering useless the control, exercised by the Court and the Parliament.

2. Another odd requirement, which is introduced in spite of the Directive,
is that traffic data may be retained for crimes with more than 2 years
imprisonment, which is practically almost any crime. Even odder is the fact
that the Law specifically says that these traffic data can be used in
relation to computer crimes, provided for in the Penal Code, which soon will
include the vague subject of computer piracy.

Of course, there are many other problems, because the legislative framework
on data retention itself violates our rights and it is no surprise that it
is being abolished in many countries. We, in Bulgaria, will continue to work
for this.

Another interesting political fact is that currently the Bulgarian
Parliament is a tool <http://www.novinite.com/view_news.php?id=111316>, used
by a single political party to pass unclear policies and these policies are
being passed, without consideration of the public discussions, the reasons
against them or the citizens’ opinion.


-- 
Bogomil "Bogo" Shopov
FOSS advocate, blogger and digital rights warrior

http://bogomil.info
http://efb.bg
http://svobodata.org
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