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Bulgaria/ Constitutional Court/ [2019] 4/2019

Case upon the request of 55 Members of the Parliament

Deciding Body type:
National Court/Tribunal
Deciding Body:
Constitutional Court of the Republic of Bulgaria
Decision date:

Key facts of the case:

55 MPs approached the Constitutional Court (CC) (Конституционен съд, КС) to pronounce a new provision of the Protection of Personal Data Act (Закон за защита на личните данни), Art. 25з, para. 2, unconstitutional and check its consistency with a number of EU and international standards, as well as the GDPR. The provision lists the criteria to be taken into account when balancing between the freedom of expression, the right to information and the right to personal data protection when making personal data accessible. The case was declared partially admissible

Key legal question:

The Constitutional Court had to decide whether to admit the motion for declaring the provision unconstitutional and check its consistency with EU and international standards, and the GDPR.

Outcome of the case:

The Constitutional Court admitted the motion on unconstitutionality and consistency with the ECHR, the Universal Declaration of Human Rights and the ICCPR and declined the motion, regarding the Charter and the GDPR. The impugned provision was ultimately pronounced unconstitutional via Decision No 8 of 15 November 2019 (Решение № 8 от 15 ноември 2019 г.).