Law Amending And Supplementing The Law On Access To Public Information

Original Language Title: Закон за изменение и допълнение на Закона за достъп до обществена информация

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15366/

Name of law Law amending and supplementing the law on access to public information Name of the Bill a bill amending and supplementing the law on access to public information date of acceptance 26/11/2015 number/year Official Gazette 97/2015 Decree No 243

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 and supplementing the law on access to public information, adopted by the National Assembly of HLÌÌI 26 November 2015.

Issued in Sofia on 7 December 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

amending and supplementing the law on access to public information (promulgated, SG. 55 since 2000; amend., issue 1 and 45 in 2002, 103/2005, no. 24, 30 and 59 from 2006, 49 and 57/2007/104 of 2008, no. 77 of the 2010 and 2011 39)

§ 1. In art. 2 make the following amendments and additions:

1. In paragraph 8. 3 the words "paper, electronic or other ' shall be replaced by" material "and after the word" like "is added to" document "and a comma.

2. a new paragraph. 4:

"(4) the information referred to in para. 3 maintain and in electronic form. "

3. The current paragraph. 4 it al. 5.

§ 2. In art. 3 al. 4 shall be amended as follows:

(4) public sector Organizations are entities referred to in para. 1 and al. 2, item 1. "

§ 3. In art. 6, al. 1, item 5, the words "personal information" shall be replaced by the words "personal data".

§ 4. In art. 15 is made the following changes and additions:

1. In paragraph 8. 1:

a) in paragraph 2, after the word "jurisdiction" is added, and the text of the regulations issued by the authority and the General administrative acts ";

(b) in item 4) after the word "address" a comma and add the "e-mail address";

established in) item 5 – 17:

"5. the rules of procedure and internal rules relating to the provision of administrative services to citizens;

6. strategies, plans, programmes and activity reports;

7. information on the budget and the financial statements of the Administration, which shall be published in accordance with the law on public finance;

8. information on procurement conducted for publication on a buyer profile in accordance with the law on public procurement;

9. the draft regulations together with the reasons, respectively – report and results of public discussion of the project;

10. notifications to detect the order of general administrative act under art. 66 of the administrative code, including the basic reasons for the issuance of the Act and the forms and terms of participation of the persons concerned in the proceedings;

11. information on the exercise of the right of access to public information, the terms and conditions for the re-use of information fees under art. 41 g and the formats in which information is maintained;

12. notices of competition for civil servants;

13. the publication information in the Prevention Act and the establishment of a conflict of interest;

14. information that is public, in accordance with the law on the protection of classified information and the instruments for its implementation;

15. the information referred to in art. 14, para. 2, t. 1-3;

16. the information provided more than three times in accordance with Chapter III;

17. other information specified by law. "

2. in the Al. 2, after the word "information" and "is inserted for the re-use of public sector information".

3. Al are created. 3 and 4:

"(3) the persons under art. 3, al. 2, item 1 shall periodically publish updated information on their activities relevant to the information referred to in para. 1, item 1, 4, 5, 6, 8, 11, 15, 16 and 17.

(4) the public sector organisations, including public libraries, including libraries of higher education institutions, archives and museums, publish all the conditions for the provision of information for re-use on your website and the portal under art. 15. "

§ 5. In art. 15 and following amendments and supplements shall be made: 1. In para. 1 finally added "and the entities referred to in art. 3, al. 2, item 1 ".

2. paragraph 2 is replaced by the following:

"(2) in the section" access to information "on the Internet pages under para. 1 data are published according to art. 15, para. 1, item 4 and 11 and the annual accounts referred to in paragraph 1. 2, the existing internal rules on access to public information, regulations for the cost of the provision of access to information under art. 20, para. 2 and the re-use of public sector information under art. 41 g, the order for access to public records held by the administrative bodies of the Executive power system. "

3. Al are created. 3 and 4:

"(3) any Manager under art. 15, par. 1 annually announces the updated list of the categories of information to be published on the Internet for the field of activity of the Administration, as well as the formats in which it is available.

(4) the information referred to in art. 15 published, updated, accordingly within three working days of the adoption of the Act concerned or by the creation of relevant information, and if the Act is published – within three working days of publication, unless the law is not set another date. "

§ 6. Create art. 15 b-15 d:

"Publishing in an open format

Art. 15B. (1) Every public sector organization annually planned phased publication on the Internet in an open format of information and resources that support, to which access is free.

(2) the authorities of the Executive Branch include the annual goals for the activities of the administration under art. 33 (a) of the law on administration purposes related to providing the progressive publication on the Internet of information arrays and resources under para. 1.


(3) the Council of Ministers shall annually adopt a list of sets of data to be published in an open format on the Internet.

Platform for access to public information

Art. 15. (1) the administration of the Council of Ministers shall establish and maintain a platform for access to public information.

(2) the platform provides the ability for applications to access information.

(3) Every entity required under art. 3, al. 1 published on the platform under para. 1 votes through platform applications, and on public information provided in compliance with the protection of personal data of the applicant in accordance with the data protection act.

(4) in the event of a refusal of access to public information and the decision shall be given in accordance with art. 39 of the obliged entity under art. 3, al. 1.

Open data portal

Art. 15. (1) the administration of the Council of Ministers shall establish and maintain portal for open data.

(2) public sector organisations publish on the portal under para. 1 the information under art. 15 (b), to which access is free.

(3) the order and the manner of publication of the information referred to in para. the Decree, adopted by the Council of Ministers. "

§ 7. In chapter II, section I created art. 16A:

"Reporting on the re-use of information

Art. 16. (1) the administration of the Council of Ministers shall establish every three years a composite report on the availability of information for re-use, provided by public sector organisations, the conditions under which it is granted, and the practices of legal protection. Public sector organisations annually send to the administration of the Council of Ministers reports on these circumstances.

(2) the report shall be made public and submitted to the European Commission. "

§ 8. In art. 19 the words "personal information" shall be replaced by the words "personal data".

§ 9. In art. 24 al. 2 shall be amended as follows:

"(2) the application shall be considered as written and in cases where it is done electronically at the e-mail address under art. 15, para. 1, item 4 or via the platform for access to public information under art. 15. In these cases, the signature is not required in accordance with the requirements of the electronic document and electronic signature law. "

§ 10. In art. 26, al. 1 make the following amendments and additions:

1. In paragraph 1, after the words "original copy" or add "or through the public registry to the public".

2. In paragraph 3 the word "paper" is replaced by "material".

3. point 4 shall be replaced by the following:

"4. the copies submitted electronically, or Internet address, where they are stored or published data."

§ 11. In art. 31 al. 4 shall be amended as follows:

"(4) To explicitly dissent from the third party within the time limit referred to in paragraph 1. 1 the authority shall provide the requested public information in volume and in such a way as not to reveal the information that affects the interests of the third party. "

§ 12. In art. 34, para. 3 Finally, there shall be added "or is sent by electronic means, if the applicant has asked for the information to be provided electronically and an email address.

§ 13. In art. 35 create al. 3 and 4:

"(3) where the applicant has requested access to the information to be provided electronically and e-mail address for the receipt, the authority sent to the specified e-mail address granting access decision together with a copy of the information or the Internet address at which contain data. In these cases, the Protocol shall be drawn up under paragraph 1. 2 and do not pay the costs of provision.

(4) if the applicant has changed his e-mail address without notifying the authority or has specified incorrect or non-existent address, the information is deemed to be received by the date of dispatch. "

§ 14. In art. 36 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) paragraph 1 shall not apply where the application is submitted through the platform for access to public information or electronically."

§ 15. In art. 37, para. 1, item 2, the words "does not have his written permission for ' shall be replaced by" it is expressly waived.

§ 16. In art. 41 and following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

(1) public sector information shall be provided in the format and language in which it was gathered, respectively, or created in another format at the discretion of the organisation from the public sector and in the open, mašinnočetim format, together with the relevant metadata. The provision of data in an open format mašinnočetim is carried out in accordance with the objectives set out in art. 15B. the format and metadata in these cases correspond to the official open standards. "

2. in the Al. 2 the word "collection" shall be deleted, the word "processing" shall be replaced by "adaptation" and after the word "required" is added "disproportionately a lot".

3. in the Al. 4, the words "referred to electronic mail" shall be replaced by "e".

4. Al are created. 5-8:

"(5) by the Ordinance under art. 15 (d), para. 3 determine the standard conditions for the re-use of public sector information and the publication of information by the public sector in an open format for commercial or non-commercial purposes. These conditions may not impose unnecessary restrictions on the possibilities for reuse or to restrict competition.

(6) public sector organisations provide for re-use information unconditionally or under certain conditions within the conditions laid down in the Ordinance under art. 15 (d), para. 3 standard conditions.


(7) Information representing an object of intellectual property, for which libraries, including libraries of universities, museums and archives have the right of use is granted for re-use, if such re-use is permitted by the licensor.

(8) the re-use of information from archives-documents from the National Archive Fund, shall be carried out under the conditions and in accordance with Chapter vi of the law on the National Archive Fund and in compliance with this law. "

§ 17. In art. 41 (b):

1. The current text becomes paragraph 1 and made the following changes and additions:

(a) in item 1) add "in accordance with the law, rules or statutes and/or act by which is entrusted with the public task;

b) point 4 shall be replaced by the following:

"4. the property of the schools, higher education institutions (with the exception of the libraries of higher schools), scientific and research organisations, including organisations established for the dissemination of research results, and of cultural organisations, with the exception of libraries, museums and archives;"

in t. created) 5-10:

"5. representing the classified information;

6. contains the statistical confidentiality, collected and stored by the National Statistical Institute or by a body of statistics;

7. contains the industrial or trade secret or professional secrecy within the meaning of the Act;

8. for the receipt of which the applicant must demonstrate a legitimate interest under the law;

9. representing parts of documents containing only emblems, coats of arms and insignia;

10. containing personal data whose reuse represents illegal access or illegal processing of personal data under the data protection act.

2. Al are created. 2-4:

"(2) in the cases referred to in para. 1 for re-use is granted only that part of the information to which access is not restricted.

(3) Where there is an overriding public interest organization public sector provides to reuse information that contains trade secrets.

(4) in the cases referred to in para. 3 public sector organization may prohibit the re-use for commercial purposes or in a manner that would result in unfair competition or other restriction of competition within the meaning of the second partition of the law on protection of competition. "

§ 18. (D) article 41 is amended as follows:

"The Facility to search for information

Art. 41. Public sector organisations provide conditions for easier search for information from the public sector, such as maintain and publish lists of key documents and the corresponding metadata through a variety of mechanisms for online access and in the format mašinnočetim or in some other appropriate manner. Where possible, public sector organisations ensure multilanguage search documents. "

§ 19. In art. 41 e Al are created. 3-6:

"(3) the conclusion of the contract under paragraph 1. 1 it is permissible, when granting an exclusive right of re-use is related to the digitisation of cultural resources where duration must not exceed 10 years and if exceptionally exceed 10 years, the term of the contract shall be reviewed at the eleventh year after its entry into force and every subsequent seven years.

(4) the provisions of the Treaty under paragraph 1. 3, relating to the grant of exclusive rights shall be made public. Public sector organisations provide data about the way and the criteria by which defined the contractor under this contract.

(5) the Treaty under paragraph 1. 3 must include the right of public sector organization to receive a free copy of the digitized cultural resources.

(6) after the termination of the use of the exclusive rights referred to in the Treaty under paragraph 1. 3 copy under para. 5 shall be made available for re-use.

§ 20. In art. 41, para. 1 creating the second sentence: "the request is considered to be in writing and in cases where it is done electronically at the e-mail address under art. 15, para. 1, item 4 or the portal under art. 15. "

§ 21. Article 41 g shall be replaced by the following:

"Payment

Art. 41. (1) the Information is provided by the public sector for re-use free of charge or upon payment of a fee, which shall not exceed the material costs of reproduction and delivery of the information.

(2) the principle of the determination of the fee referred to in par. 1 does not apply to fees charged:

1. from public sector organizations, which, by virtue of the Act of entrustment of the public task are obliged to realize revenue to cover a significant portion of the costs associated with the implementation of the public task; the obligation for the realization of income is determined in advance and is published electronically;

2. for the re-use of information in respect of which public sector organization is required to make enough revenue to cover a significant portion of the costs associated with the collection, production, reproduction and dissemination of information, in accordance with the law or the established administrative practice; the obligation is determined in advance and is published electronically;

3. libraries, including libraries of universities, museums, and archives.


(3) in the cases referred to in para. 2, item 1 and 2 public sector organization calculates total charges depending on the categories and the amount of data available for re-use, in accordance with objective, transparent and verifiable criteria as defined by methodology, adopted by the Council of Ministers. The total income of the public organization of delivery and enable the reuse of the information for the respective accounting period should not exceed the cost of collection, production, reproduction and dissemination, together with a reasonable return on investment, calculated in accordance with the applicable accounting principles of social organization.

(4) in the cases referred to in para. 2, item 3 the total income from supplying and allowing re-use of information for the respective accounting period should not exceed the cost of collection, production, reproduction, distribution, storage and acquisition of rights for the use of the information, together with a reasonable return on investment, calculated in accordance with the applicable accounting principles of social organization.

(5) the amount of the fees shall be fixed:

1. for the fees charged by public authority – the tariff adopted by the Council of Ministers;

2. for the fees charged by another public sector organization – by the head of the Organization;

3. for the fees charged by municipalities, from the City Council, as prescribed fees cannot exceed the fees provided for in paragraph 1.

(6) the amount of the fees, the basis on which they are calculated, factors taken into account in the calculation, as well as any additional terms and conditions, if any, shall be published, including by electronic means in the presence of a website. Upon request, States and the way in which these charges are calculated in relation to the specific request for reuse.

(7) the amounts of the fees for the reuse of the information received on the budget of the organisation from the public sector.

(8) the Council of Ministers shall review every three years, the methodology under para. 3 on the basis of the report referred to in art. 16 a, para. 1.

(9) If a public sector organization does not determine the amount of the fees referred to in paragraph 1. 5, item 2 and 3, the organisation provides this information for use for free or upon payment of a fee determined by the tariff under para. 5, item 1. "

§ 22. In art. 41 h al. 1 shall be amended as follows:

(1) the head of the public sector organisation or person designated by him shall consider the request under art. 41 is within 14 days of receipt and shall take a decision to grant or to refuse to provide information for re-use, which shall be communicated to the applicant. "

§ 23. In art. 41 and al. 3 shall be amended as follows:

"(3) the refusal under para. 1 contains the factual and legal basis for refusal, the date of the decision and the procedure for its appeal. When the refusal is pursuant to art. 41 (b), para. 1, item 2, the Organization of the public sector indicate physical or legal person who has the rights, if it is known, or the person from whom the Organization has received from public sector information, and permission to use it. Libraries, including libraries of universities, museums and archives, are not required to identify these individuals. "

§ 24. In art. 42 the following endorsements are added:

1. In paragraph 8. 1, after the words "public information" or "is inserted for the re-use of information".

2. in the Al. 2, after the words "public information" insert "or to provide information for re-use.

3. in the Al. 3, after the words "the obligations of" art "is added. 14, 15, 15A, 15B, 15 c and ".

4. a para. 5:

"(5) for the provision of information for re-use shall receive financial penalties representing 50 to 200 LEVs."

§ 25. In art. 43, para. 2, item 4 after the figure "4" is added "and 5".

§ 26. In § 1 of the supplementary provision the following amendments and additions:

1. point 1 shall be amended as follows:

"1." physical medium "is any paper, technical, magnetic, electronic or other media regardless of the type of recorded content – text, plan, map, photography, audio, Visual or audio-visual image file and the like."

2. In paragraph 4:

a), the words "a body governed by public law" is a legal person regardless of its commercial or industrial character was created in order to satisfy the public interest and for which any of the following conditions is true: "are replaced by" a body governed by public law "is a legal entity, for which any of the following conditions is true:";

(b) the third sentence shall be inserted): "a body governed by public law is a library of high schools, public library within the meaning of the law on public libraries, Museum or archive whose activities are financed with funds from the State budget or by municipal budgets."

3. point 7 are created – 15:

"7." Mašinnočetim "format is an electronic data format that is structured in such a way that, without being converted to another format allows software applications to identify, recognize and extract specific data, including individual facts and their internal structure.

8. the "open format" is an electronic data format that does not require the use of a specific platform or specific software for the reuse of content and is made available to the public without restrictions that would impede the re-use of information.


9. "open data portal" is a single, Central, Web-based public information system, which provides the publication and management of information for re-use in building control open mašinnočetim format, together with the relevant metadata. The portal is built in a way that allows the complete extraction of the published information or parts of it.

10. "the official open standard is a standard that is set out in writing the specifications for the requirements and describes how to ensure software interoperability.

11. "school" is a school within the meaning of art. 17 of the law on higher education.

12. "metadata" are data that describe the structure of the information – the subject of re-use.

13. the "Internet address" is the uniform resource identifier, or Uniform Resource Locator.

14. "a platform for access to public information" is a single, Central, Web-based public information system, which provides application access and publication of public information.

15. "Archives" are the central State Archives and regional State archives regarding the State of them stored archives from the National Archive Fund under art. 6, al. 1, item 1 of the law on the National Archive Fund, as well as public bodies under art. 6, al. 1, 2 and 3 of the law on the National Archive Fund in respect of them stored archives and archival collections of art. 33, para. 1, item 1, 6 – 8 and para. 2 of the law on the National Archive Fund. "

Additional provision

§ 27. This law introduces provisions of Directive 2013/37/EC of the European Parliament and of the Council of 26 June 2013 for an amendment of Directive 2003/98/EC on the re-use of public sector information (OB, L 175/1 of 27 June 2013).

Transitional and final provisions

§ 28. Contracts entered into before 17 July 2013 contracts exclusively for the provision of information by the public sector, which do not comply with the requirements under art. 41 e, para. 2-5, shall be terminated upon the expiry of their term, but no later than 18 July 2043 (d).

§ 29. The Council of Ministers:

1. within 6 months from the promulgation of this law in the Official Gazette shall adopt the Ordinance under art. 15 (d), para. 3 and the tariff referred to in art. 41 g, para. 5, item 1;

2. by 1 June 2017, creates a platform for access to public information and provides an opportunity for the submission of applications through it.

§ 30. Municipal councils within 6 months from the promulgation of this law, adopt and publish tariffs under art. 41 g, para. 5, item 3.

§ 31. The administration of the Council of Ministers draws up a first report under art. 16 a, para. 2 within 18 July 2017.

§ 32. (1) the authorities of the Executive power within three months of the entry into force of this law: 1. publish information under art. 15, para. 1 and 4 in compliance with the requirements under art. 15A, para. 2, with the exception of fees information under art. 41 (g), which shall be published within one month after the promulgation of the fee under art. 41 g, para. 5, item 1 of the tariff or publication under art. 41 g, para. 5, item 3;

2. the list under art. 15A, para. 3.

(2) public sector organisations which are not organs of the Executive power, publish information under art. 15, para. 4 and the tariff referred to in art. 41 g, para. 5, item 2 within 6 months from the entry into force of this law.

(3) the obligated entities under art. 3, al. 1 of 1 June 2017 providing an opportunity for the submission of applications for access to public information through the access to public information under art. 15 in.

§ 33. The provision of § 1, item 2 relating to art. 2, al. 4 shall apply to information created after 1 April 2016.

§ 34. The law shall enter into force one month after its publication in the Official Gazette with the exception of:

1. paragraph 6 concerning art. 15 (d), para. 2, which shall enter into force nine months after the promulgation of this law in the Official Gazette, and 2. (6) on the art. 15 in § 9 and on the words "or by the platform for access to public information", which shall enter into force on 1 June 2017.

The law was passed by the National Assembly-43 on 26 November 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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