Law Amending The Law On The State Agency For National Security

Original Language Title: Закон за изменение и допълнение на Закона за Държавна агенция "Национална сигурност"

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15580/

Name of law Law amending the law on the State Agency for national security bill name Bill to amend and supplement the law on the State Agency for national security date adopted 10/02/2016 number/year Official Gazette 15/2016 Decree No 25

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending the law on the State Agency for national security HLIÌI ", adopted by the National Assembly on 10 February 2016.

Issued in Sofia on 18 February 2016.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Catherine Dana

LAW

amending the law on the State Agency for national security (promulgated, SG. 109 of 2007; amend., SG. 69 and 94 since 2008, issue 22, 35, 82, 93 and 42 by 2009, issue 16, 80 and 97 2010/9 and 100 by 2011, no. 38 by 2012, issue 15, 30, 52, 65 and 71 by 2013. , PC. 53 by 2014 and PCs. 14, 24 and 61 by 2015.)

§ 1. Art is created. 11A:

"Art. 11A. (1) the State Agency "National Security" onalna national support is created for the receipt and processing of passenger data in the Republic of Bulgaria, transported by air, hereinafter referred to as "national unit".

(2) the Organization of the activities of the national unit shall be determined by the regulation for implementation of the law. "

§ 2. In chapter three, section II is creating art. 17A:

"Art. 17. The national unit is led by an official of the State Agency "onalna" Nazi security, authorized by order of the President of the Agency. "

§ 3. In Chapter five establishes the art. 39A:

"Art. 39. With regard to the processing in accordance with Chapter six "a" of the passenger in the Republic of Bulgaria, transported by air, shall not apply to art. 34, para. 2, item 3 and 4 and al. 6. "

§ 4. A chapter six ' a ' with art. 42 – 42:

"Chapter six" a "

THE ACTIVITY OF RECEIVING AND PROCESSING OF PASSENGER DATA IN THE REPUBLIC OF BULGARIA, TRANSPORTED BY AIR

Art. 42. (1) national support under art. 11 (a) receive and process passenger in the Republic of Bulgaria, which are transported by air.

(2) the data received under paragraph 1. 1 shall be processed only for the purposes of the prevention, detection, investigation and prosecution of crimes under art. 95-105, art. 108 a, art. 109, art. 115, art. 116, art. 128, art. 131, art. 142, art. 142a, art. 143, para. 2, art. 143 a, art. 144, para. 3, art. 152, art. 155, para. 5, item 1, art. 156, para. 2 and 3, art. 158 a, art. 159, para. 4 and 5, art. 159A – 159 g, art. 162, para. 3, art. 172 a, art. 199, para. 1, item 3 and 5, art. 208, para. 5, art. 213 a, para. 2, item 5, art. 214, para. 2, art. 216, para. 5, art. 235, para. 4, art. 242, para. 1, the letters "b", "c", "d", "g" and "h" and al. 2 and 3, art. 243-244, art. 253-254 (b), art. 256, al. 2, art. 278 a, para. 3, art. 280, art. 301-305, art. 307, art. 308, para. 2 and 3, art. 319 a, para. 4, art. 321, art. 330, art. 337, art. 339, art. 352, art. a – 353 353 c, art. 354 and art. in 354, para. 2 of the criminal code.

(3) the particulars under art. 42 b, para. 2, item 18 and are being processed for the purposes of border checks.

Art. 42 (b) (1) air carriers shall at its own expense, either individually or through an authorized service provider to transmit the national unit for passenger flights to, from or in the Republic of Bulgaria.

(2) the data referred to in paragraph Two. 1 include:

1. the original code of the passenger;

2. date of reservation/issue of ticket;

3. scheduled/scheduled date/dates of travel;

4. the passenger's name, date of birth;

5. address and contact information (phone number, email address);

6. information regarding payment, including address for issuing an invoice;

7. data on the full route of the intended journey;

8. information about the common (regularly) traveling passenger;

9. travel agency or travel agent;

10. travel status of passenger including confirmations, registration status, information on default of a passenger on a flight or for the traveler without a booking, buying his ticket at the last minute;

11. indication of the separation of the passenger record;

12. General remarks (information available for unaccompanied persons under 18 years of age – name, sex, age, language, name and contact details of guardian on departure and arrival, on departure and arrival agent, etc.);

13. data from the flight ticket (number, date of issue, issuing a one-way ticket, tariff);

14. the number of the location in the plane;

15. information on sharing codes on flights;

16. complete information pack;

17. number of passengers and other names which appear in the passenger's file;

18. all collected advance passenger information (type and number of travel document, nationality, country of issuance, expiration date, last name, first name, gender, date of birth, air carrier, flight number, departure date, arrival date, place of departure, place of destination, time of departure, time of arrival, as well as the total number of passengers carried), and when they are not stored as part of the reserved data on passengers;

19. a complete history of changes to the data under item 1 – 18.

(3) air carriers inform passengers on the transmission of data referred to in para. 2 the national unit in accordance with art. 19, para. 1 of the law on the protection of personal data.

Art. 42. (1) air carriers shall transmit the data referred to in art. 42 b, para. 2 to the database of national support electronically, using protocols, formats supported and approved by the International Civil Aviation Organization, or failing – agreed between the air carrier and the Agency guarantee data protection.

(2) the data referred to in art. 42 b, para. 2 shall be transmitted to the national support as they did in the air carriers.


(3) the processing of data of passengers ' reservation is carried out through automatic and non-automatic means in compliance with the data protection act and the international treaties to which the Republic of Bulgaria is a party.

(4) upon receipt of data other than those referred to in art. 42 b, para. 2, including data within the meaning of art. 5 of the law on personal data protection, national support deleted them immediately.

Art. 42. (1) the reserved passenger data shall be transmitted to the national support 48 hours before the scheduled time of departure and immediately before the flight.

(2) subject to the availability of data about the imminent threat of committing a crime referred to in art. 42 a, para. 2, two air carriers transmit passenger data at the request and on the terms laid down by the national support.

Art. 42 (1) national support can collate data under art. 42 b, para. 2 with data contained in the information agency funds, the Ministry of the Interior and the Customs Agency, and to process the results.

(2) Information funds under para. 1 shall be laid down in a joint order of the President of the State Agency for national security and the institutional head.

(3) the procedure for access to information funds of the Ministry of the Interior shall be determined with the instruction in art. 31, para. 3.

(4) the procedure for access to information funds of the Customs Agency is determined by instruction of the President of the Agency and the Director of the Customs Agency.

(5) the decision of the competent authorities to take measures against a specific person, you may have legal or other significant effects for it, cannot be based solely on the results of the automated processing of passengers. Any match as a result of automated processing of data is reviewed individually by neavtomatiziran way.

Art. 42. (1) national support provides immediate data under art. 42 b, para. 2, item 18 of the General Directorate for border police of the Ministry of the Interior.

(2) in the preliminary matches certain criteria national support provides immediate data under art. 42 b, para. 2 and the results of their processing of the following structures in accordance with their competence:

1. The national kontraterorističen Centre;

2. Customs Agency;

3. the General Directorate for combating organized crime "of Ministry of Internal Affairs;

4. the General Directorate for border police of the Ministry of the Interior.

(3) the methodology for the determination of the criteria listed in para. 2 and the procedure for granting the national kontraterorističen Centre shall be determined by instruction of the President of the Agency, in consultation with the heads of the departments in the Centre, subject to the need-to-know principle.

(4) the methodology for the determination of the criteria listed in para. 2 and the procedure for the provision of data on structures under para. 2, item 2-4 are determined by instruction of the President of the Agency and of the institutional head in accordance with the need-to-know principle.

Art. 42. (1) the Data under art. 42 b, para. 2 and results from their processing may be granted to the following structures in accordance with their competence:

1. the pre-trial proceedings and the Court;

2. the State Agency "intelligence";

3. Customs Agency;

4. the General Directorate for National Police of Ministry of Internal Affairs;

5. the General Directorate for combating organized crime "of Ministry of Internal Affairs;

6. the Directorate-General for international cooperation of the Ministry of the Interior;

7. the specialized and the territorial directorates of the State Agency for national security.

(2) data under art. 42 b, para. 2 and the results of their processing are provided after a reasoned written application to the national unit in each specific case in accordance with the need-to-know principle.

(3) the request under paragraph 1. 2 contains information on the period of time the particulars under art. 42 b, para. 2 and/or results of their processing, the type of crime under art. 42 a, para. 2, the legal basis and the time limit for the receipt of the data.

(4) the request under paragraph 1. 2 shall be signed by the head of the structure under para. 1 or an official authorised by him and sent electronically or in hard copy to the national support.

(5) in the event of an imminent threat of committing a crime referred to in art. 42 a, para. 2, the request may be made orally by the person referred to in paragraph 1. 4. within 24 hours of the request and shall be provided in writing in accordance with para. 4.

(6) failing data under art. 42 b, para. 2 or results of their treatment to be provided in the period referred to in the request, shall immediately inform the national support structure under para. 1.

(7) national support refused the provision of data under art. 42 b, para. 2 and the results of their treatment, if you are not satisfied the requirements under paragraph 1. 3. In these cases, the national unit shall notify in writing or electronically structure under para. 1, indicating the reasons for the refusal.

Art. 42. (1) After the expiry of three months from the transfer of two passenger data by air carriers, the national support depersonalizira by masking the data under art. 42 b, para. 2, item 4, 5, 6, 8, 12, 17 and 18.

(2) Two passenger data held by national support for a period of 5 years from the date of their receipt.


(3) within the period of storage under para. 2 disclosure of the full details under para. 1 can be made at the written request of the heads of the structures under art. 42 is and art. 42 g – in the event of a specific and real threat of committing a crime referred to in art. 42 a, para. 2 or for the purposes of a particular investigation.

(4) after the expiry of the time limit referred to in paragraph 1. 2 the reserved data on passengers, including relevant backups and archives are deleted.

Art. 42. (1) the structures under art. 42 and 42 g is stored the data under art. 42 b, para. 2 for a period of 5 years from the date of receipt at the national unit, except in cases where the special law provides otherwise.

(2) the data referred to in art. 42 b, para. 2, item 18, obtained by the procedure of art. 42, para. 1, shall be deleted by the competent authorities of the General Directorate for border police of the Ministry of Interior within 24 hours of receipt, except when they are necessary for the exercise of their powers under the law.

Art. 42 HP air carriers transporting to and from the territory of the Republic of Bulgaria passengers, deleted the personal data under art. 42 b, para. 2, item 18, within 24 hours of arrival of the means of transport within the territory of the country.

Art. 42 l. Agency "keeps a register of the data under art. 42 b, para. 2, the data of the deletion, the access and the written requests of the structures under art. 42 g.

Art. 42 meters (1) national support may provide passenger and/or results of their processing and the competent authorities of other States only when the following circumstances are simultaneously present:

1. it is necessary for the prevention, detection, investigation and prosecution of the offences referred to in art. 42 a, para. (2);

2. the recipient is competent to carry out the activities referred to in paragraph 1;

3. the recipient ensures an adequate level of protection for the intended data processing.

(2) Assessment of the adequacy of the level of protection of personal data is carried out by the Commission for the protection of personal data in accordance with the law on the protection of personal data.

(3) the provision of passenger and/or results from their processing of the competent authorities of a Member State of the European Union, and of another Member State of the European economic area shall be carried out freely, subject to the conditions referred to in paragraph 1. 1, item 1 and 2.

Art. 42. (1) the exercise of the rights of individuals with regard to the processing of data under art. 42 b, para. 2, referring to them, from the national support and by the competent structures under art. 42 is and 42 (g) shall be carried out under the conditions and in accordance with this law and the law on the protection of personal data.

(2) Two passenger data is processed by the national support and by the competent structures under art. 42 is and 42 (g) in accordance with the requirements of the data protection act and regulations for its implementation.

Art. 42 o. (1) on the protection of the rights of individuals with regard to the processing of data under art. 42 b, para. 2 relating to them, and in the implementation of access to such data shall be exercised by the Commission for the protection of personal data.

(2) except in the cases referred to in paragraph 1. 1 control on the implementation of the obligations of air carriers in this chapter shall be carried out by national support. "

§ 5. In art. 43, para. 1 paragraph 1 shall be replaced by the following:

"1. the civil servants under this law;".

§ 6. In art. 54, para. 2 the second sentence shall be replaced by the following: "the period of conducting of the competition is up to three months and can be extended up to 6 months to do."

§ 7. Art is created. 65A:

"Art. 65. (1) a public servant may be temporarily assigned to a higher vacancy in another structural unit in the Agency by appointment of the holder of the post.

(2) the interim appointment shall be carried out with the consent of the employee or, in the case of a reasoned business necessity.

(3) the appointment under para. 1 shall be made by order of the appointing authority after a reasoned proposal made to him by an order determined by order of the President of the Agency.

(4) the interim appointment is for a period of up to one year with the possibility of a one-time extension for another year.

(5) for the duration of the temporary appointment of State employee receives monthly remuneration in the minimum size of the basic monthly remuneration for the grade and step of the higher office. "

§ 8. In art. 88, para. 2, item 1 "Union and" after the word "President" is replaced by a comma and after the words "Vice Presidents" a comma and add "Administrative Secretary".

§ 9. In art. 91, para. 1 make the following amendments and additions:

1. a new item 9:

"9. the serious violations of the ethical code of conduct for civil servants in the State Agency for national security, derogating from the prestige of the Agency;".

2. Create is 10 and 11:

"10. the appearance of the work in a State that does not allow to perform duties, caused by the use of alcohol or other intoxicating substances, established by order, determined by order of the President of the Agency;

11. use of narcotic drugs, established by order, determined by order of the President of the Agency; ".

3. Current item 9 going on 12.

§ 10. In art. 110, para. 1, point 7, point (d), after the words "classified information" a comma and add "or denial of public servant to submit documents for another study on the procedure of the law for the protection of classified information."

§ 11. In art. 117 Al is created. 9:


(9) in determining the compensation under paragraph 1. 1-3 shall be deducted from gross wages so monthly as they are paid for years of service in special laws before taking up service at the State Agency for national security. "

§ 12. Art is created. 134 (a):

"Art. 134. (1) an air carrier that does not provide the national support data under art. 42 b, para. 2, item 1 – 17 and 19, is punishable by a fine, respectively with the penalty payment in the amount of 3000 to 10 000 BGN.

(2) an air carrier that does not fulfil its obligation under art. 42 in, al. 2, is punishable by a fine, respectively with the penalty payment in the amount of 3000 to 8000 EUR

(3) the air carrier does not supply the national support data under art. 42 b, para. 2, item 18, is punishable by a fine, respectively with the penalty payment in the amount of 6000 to 10 000 BGN.

(4) the punishment under para. 3 and the air carriers which provide incomplete or inaccurate data under art. 42 b, para. 2, item 18.

(5) an air carrier that provide national support data under art. 42 b, para. 2 upon expiry of the periods referred to in art. 42 (d), shall be punished with fine, respectively with the penalty payment in the amount of 3000 to 8000 EUR

(6) air carriers which provide national support data under art. 42 b, para. 2 in formats or in ways other than those referred to in art. 42 in, al. 1 shall be punishable by a fine, respectively with the penalty payment in the amount of 3000 to 8000 EUR

(7) For an offence under Chapter six "a", for which no penalty is otherwise provided for, the air carrier shall be imposed a fine, penalty payment accordingly in size from 2000 to 6000 EUR

(8) where the offences under para. 1-6 are repeated, the air carrier shall be imposed a fine, penalty payment accordingly double the size. "

§ 13. In art. 135, para. 2 Add "or an official authorised by him".

§ 14. In § 1 of the supplementary provision shall create item 10, 11, 12 and 13:

"10." processing of data for persons transported by air: any action or set of actions performed by automated or other means, such as collection, recording, organisation, storage, adaptation or alteration, rehabilitation, consultation, use, disclosure by transmission, dissemination, providing, updating or combination, blocking, erasure or destruction.

11. "immediately before the flight" is the time after the passengers have boarded the plane in preparation for take-off and no longer have the ability to upload or descent.

12. "Depersonalizirane by masking the data" is the Act of hiding some of the data elements they are deleted.

13. "air carrier" is a person who performs professional transport of passengers by air. "

Additional provision

§ 15. This law introduces the requirements of Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data (OJ L 281/24 of 6 August 2004).

Final provisions

§ 16. Within three months of the entry into force of this law the Council of Ministers shall adopt regulations relating to the Organization of work of the national unit for the receipt and processing of passenger data in the Republic of Bulgaria, which are transported by air.

§ 17. Within two months of the entry into force of this Act:

1. the President of the State Agency for national security and the Minister of the Interior shall determine the procedures for access to national support for the receipt and processing of passenger data in the Republic of Bulgaria, transported by air, to the information funds of the Ministry of internal affairs with the statement under art. 31, para. 3;

2. the Chairman of the State Agency for national security, Minister of Assembly Affairs and rešnite, the Director of the Customs Agency issued the instructions under art. 42 e, para. 4 and art. 42, para. 4.

§ 18. Civil Aviation Act (promulgated, SG. 94 of 1972; amend., SG. 30 of 1990, no. 13 of 1997, no. 85 of 1998, 12/2000, no. 34 and 111 since 2001, and 52/70 by 2004, no. 88 and 102 of 2005, no. 30, 36, 37, 105 and 108 of 2006. , PC. 10, 41 and 109 from 2007, PCs. 36, 66 and 67 of 2008, PCs. 35, 47, 82 and 102 of 2009, PCs. 63, 94 and 73 by 2010, PC. 41, 81 and 99 of the 2011 issue. 38, 60 and 82 by 2012 PCs. 15 and 66 by 2013, PCs. 12, 53 and 98 by 2014 and PCs. 28 and 89 by 2015.) make the following additions:

1. In chapter five establishes the art. 64 in:

"Art. 64. the air carriers are obliged to transmit passenger carrying to, within and from the territory of the Republic of Bulgaria, the national unit for the receipt and processing of passenger data in the Republic of Bulgaria, transported by air under the conditions and in accordance with procedures laid down by the law for the State Agency for national security. "

2. In paragraph 3 of the supplementary provisions shall be established that 72:

"72." passenger "means the requirements for recording the journey of every passenger, which contains all the information necessary for processing and controlling the air carriers operating the booking and participating air carriers for each trip booked by or on behalf of the passenger, no matter whether the data is contained in the booking systems, departure control systems or in similar systems with the same functionality."

§ 19. In the law on foreigners in the Republic of Bulgaria (promulgated, SG. 153 of 1998; amend., SG. 70 (1999), no. 42 and 112 of 2001, 45/54 and 2002/37 and 103 of 2003 No. 37 and 70 by 2004, issue 11, 63 and 88 of 2005, no. 30 and 82 of 2006. , PC. 11, 29, 52, and 63 of the 109 2007, PCs. 13, 26, 28 and 69 since 2008, PCs. 12, 32, 36, 74, 82, 93 and 103 of 2009, PCs. 73 by 2010, PC. 9 and 43 from 2011, issue. 21 and 44 by 2012 PCs. 16, 17, 52, 68, 70 and 108 from 2013, PCs. 53 by 2014 and PCs. 14, 79 and 80 by 2015) the following modifications are made:

1. Article 20 (a) is repealed.

2. Article 51A shall be repealed.


The law was passed by the National Assembly-43 on 10 February 2016 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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