Law Amending And Supplementing The Law On Electronic Communications

Original Language Title: Закон за изменение и допълнение на Закона за електронните съобщения

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15288/

Name of law Law amending and supplementing the law on electronic communications Bill name a bill amending and supplementing the law on electronic communications of acceptance Date 26/03/2015 number/year Official Gazette 24/2015 Decree No 48

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 electronic communications adopted by the HLIIÌ National Assembly on 26 March 2015.

Issued in Sofia on 27 March 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 electronic communications (promulgated, SG. 41 since 2007; amend., SG. 109 (2007), no. 36, 43 and 69 since 2008, issue 17, 35, 37 and 42 of 2009; the Decision the Constitutional Court No. 3 of 2009 – No. 45 of 2009; amend., SG. 82, 89 and 93 from 2009. , PC. 12, 17, 27 and 97 from 2010, PC. 105 by 2011, issue. 38, 44 and 82 by 2012 PCs. 15, 27, 28, 52, 66 and 70 in 2013, PCs. 11, 53, 61 and 98 by 2014 and PCs. 14 by 2015.)

§ 1. Create art. 251 251 and b:

"Art. 251. (1) (b) to undertakings providing public electronic communications networks and/or services, stored for a period of 6 months data generated or processed, in the course of their activities, which are necessary for:

1. trace and identify the source of the link;

2. identification of the destination of the link;

3. identify the date, time and duration of the relationship;

4. identification of the type of connection;

5. identification of the final electronic communication device of the user or of what presents itself to its terminal device;

6. establishment of the identifier of the cells.

(2) the data referred to in para. 1 is stored for the purposes of national security and for the prevention, detection and investigation of serious crimes.

(3) other data including revealing the content of the messages, cannot be stored in this order.

(4) the data referred to in para. 1 are processed and stored in conformity with the requirements of the data protection act.

Art. 251. (1) the right to request performance data report under art. 251 (b), para. 1, when the data are necessary for the performance of their powers, have:

1. specialized Directorates, regional directorates and stand-alone territorial departments of the State Agency for national security;

2. the National Police Directorate, General Directorate for combating organised crime "and its territorial units, the border police Directorate and its territorial units, the internal security Directorate", Sofia Directorate of Internal Affairs and the regional directorates of the Ministry of the Interior;

3. the services "Military information" and "military police" to the Minister of Defense;

4. The national intelligence service.

(2) to access the data under art. 251 (b), para. 1 shall draw up a reasoned written request of the head of the Al. 1 or a person authorised by him, containing:

1. the legal basis and the purpose for which the access is required;

2. the registration number of the file in which the inspection is required, and user information, where known;

3. the data which should be reflected in the report;

4. the period of time covering the report;

5. full and comprehensive indication of the facts and circumstances justifying the purpose of art. 251 (b), para. (2);

6. the designated official, to provide the data.

(3) Requests For the authorities referred to in para. 1 keep a special register that is not public.

Art. 251. (1) access to the data under art. 251 (b), para. 1 shall be carried out after authorisation by the President of the District Court or judge authorized by him at the seat of the authority which requested access, issued an order to provide access to the data.

(2) access to data under art. 251 (b), para. 1, which relate to the President of the District Court, his ascending, descending, sibling, spouse or person with whom is in de facto conjugal cohabitation shall be carried out after authorisation by the President of the District Court.

(3) the order under paragraph 1. 1 and 2 are motivated and must contain:

1. the data which should be reflected in the report;

2. the period of time covering the report;

3. the designated official, to provide the data;

4. the name, title and signature of the judge.

(4) For the motivated or rejections in the respective district courts is leading a special register that is not public.

(5) for the purposes of criminal proceedings the data under art. 251 (b), para. 1 shall be made available to the Court and to the authorities of the pre-trial proceedings, under the conditions and pursuant to the code of criminal procedure.

Art. 251 (1) undertakings providing public electronic communications networks and/or services shall ensure the opportunity 24 hours a day, 7 days a week, for the receipt of the order referred to in art. 251 d, para. 1 and under art. 251 (h), para. 2. (2) the heads of undertakings providing public electronic communications networks and/or services, shall forward to the Commission for communications regulation a list indicating:

1. an up-to-date address for the receipt of the order referred to in art. 251 d, para. 1 and under art. 251 (h), para. (2);

2. first name, middle name, last name and title of authorized officials who receive the orders referred to in art. 251 d, para. 1 and under art. 251 (h), para. 2 and the contact with them; When you change the data within 24 hours shall be notified, in writing, the Communications Regulation Commission and its Chairman shall provide lists of Heads of bodies under art. in 251, para. 1.

Art. 251. (1) the undertakings providing public electronic communications networks and/or services, perform reference particulars under art. 251 (b), para. 1 after receipt of a reasoned order. Access order be taken must be recorded in a special register which is not public.

(2) undertakings providing public electronic communications networks and/or services, in as short a time as possible, but not more than 72 hours in the establishment of the order for access under art. 251 d, para. 1 and under art. 251 (h), para. 2 forward the data of official art. 251 d, para. 3, item 3. The Minister of the Interior and President of the State national security agency or authorised by them in writing, officials may set a specific period within which the data to be sent.

(3) reference particulars under art. 251 (b), para. 1 in undertakings providing public electronic communications networks and/or services may operate only in writing, officials authorised by the Manager of the enterprise.

(4) After its production, the report shall be signed by the head of the undertaking providing public electronic communications networks and/or services, or by writing an official authorised by him. The report shall be recorded in a special register and shall be sent to the designated officer in order to provide the data.

(5) where there is a possibility the judge's injunction and the report under para. 4 shall be communicated electronically in compliance with the requirements of the law on e-Government and the electronic document and electronic signature law.

(6) data accessed and have been stored, can be reserved by the enterprise, which has provided them, for a period not exceeding three months from the date of the granting of the authority requesting access, at its request and following the authorisation granted by the order of art. 251.

Art. 251. (1) the undertakings providing public electronic communications networks and/or services, are required to destroy data after expiry of the periods referred to in art. 251 (b), para. 1 and 4 and to every 5th of the month to submit to the Commission for the protection of personal data protocol for the destroyed during the previous month data. Commission for personal data protection shall establish and maintain a register of the minutes, which is not public. The Commission for the protection of personal data carried out checks on the legality of the preservation and destruction of the data of enterprises by the procedure of art. 261.

(2) the report referred to in art. 251, para. 1, which is not used in the formation of the pre-litigation procedure, whether it represents the classified information shall be destroyed within three months from the date of its receipt by the three-member Commission, appointed by the head of the authorities under art. in 251, para. 1, for which the Protocol is drawn up. The minutes shall be sent without delay to the President of the Court, given the authorisation and entered in the register under art. 251 d, para. 4.

Art. 251. (1) the particulars under art. 251 (b), para. 1 may also be provided at the request of a competent authority of another Member State, where this is provided for in an international treaty that is in force for the Republic of Bulgaria.

(2) access to the data under art. 251 (b), para. 1 shall be carried out on request by the head of a major or specialised Directorate under art. in 251, para. 1, paragraphs 1 and 2, after a written permission by the President of the Sofia City Court or judge authorized by him, which shall be issued for an order granting access to the data. For authorisations granted or faults in the Sofia City Court is leading the special register that is not public.

(3) on the outcome of the report drawn up for the data under art. 251 (b), para. 1 the competent authority of the other State shall be notified in accordance with the procedure laid down in the international treaty line.

Art. 251. (1) the particulars under art. 251 (b), para. 1, item 1 are:

1. in the public telephone service – telephone number of the caller and the identification data of the Subscriber or user;


2. in Internet access, Internet e-mail and Internet telephony – ID assigned to the user, the user ID and telephone number allocated to any communication entering the public telephone network, data to identify the Subscriber or user to whom the IP address are set, user ID or telephone number at the time of the connection.

(2) the data referred to in art. 251 (b), para. 1, item 2 shall be:

1. when a public service – telephone number dialed (the called telephone number) and, in the case of additional services such as redirection or transfer of the call, the number or numbers to which the call is routed, and data to identify the Subscriber or user;

2. in Internet e-mail and Internet telephony – the user ID or telephone number of the recipient (s) of an Internet phone call, data for identification of the Subscriber or the user ID of the recipient for whom the message is intended.

(3) the particulars under art. 251 (b), para. 1, item 3 are:

1. in the public telephone service – date and time of the beginning and end of a relationship;

2. for Internet access, Internet e-mail and Internet telephony – date and time of entry and exit to/from Internet access service, based on a certain time zone, together with the IP address, dynamic or static, allocated to the connection of the Internet access service provider, and the ID of the Subscriber or user, date and time of entry and exit to/from Internet e-mail service or Internet telephony based on a certain time zone.

(4) the particulars under art. 251 (b), para. 1, item 4 are:

1. the type of the used public telephone service;

2. the Internet service at Internet e-mail or Internet telephony.

(5) the data under art. 251 (b), para. 1, item 5 are:

1. in the case of fixed telephone service – for calling and yelling phone number;

2. in the public telephone service provided by mobile terrestrial network – screaming and called a phone number; international mobile subscriber identifier caller ID (IMSI); international mobile subscriber identifier yelling (IMSI); International ID vikaŝoto mobile terminal electronic communication device (IMEI); International ID vikanoto mobile terminal electronic communication device (IMEI); in the case of prepaid services – date and time of the initial activation of the service and the location label cell ID – from which the service is enabled and to identify the Subscriber or user;

3. in the case of Internet access, Internet e-mail and Internet telephony – caller phone number for dial-up access, digital subscriber line (DSL) or other end point of the originator of the connection.

(6) data under art. 251 (b), para. 1, item 6 are administrative addresses of cells of a mobile ground-based electronic communications network, from which it is generated or call terminirano. "

§ 2. In art. 261 (a) is hereby amended as follows:

1. In paragraph 8. 1 and 2, the words "article. 250 (a) ' shall be replaced by "art. 251 (b) ".

2. in the Al. 4, item 1 the words "art. 250 (b) ' shall be replaced by "art. 251 in ", and the words" art. 250 in, al. 4 "shall be replaced by" art. 251 d, para. 5. "

§ 3. In art. 261 (b) is hereby amended as follows:

1. In paragraph 8. 1 the words "art. 250 (a) ' shall be replaced by "art. 251 (b) ".

2. in the Al. 2:

a) in paragraph 1 the words "art. 250 (b) ' shall be replaced by "art. 251 in ";

b) in paragraph 2 the words "art everywhere. 250 (a) ' shall be replaced by "art. 251 (b) "and the words" art. 250 's "shall be replaced by" art. 251 (g) ";

c) in paragraph 3 the words "art. 250 (b) ' shall be replaced by "art. 251 in ";

d) in item 4 the words "art. 250 (a) ' shall be replaced by "art. 251 (b) ".

3. in the Al. 3 the words "art. 250 (a) ' shall be replaced by "art. 251 (b) ".

4. in the Al. 4, the words "article. 250 (a) ' shall be replaced by "art. 251 (b) "and the words" art. 250 (b) ' shall be replaced by "art. 251.

5. in the Al. 5, the words "article. 250 (a) ' shall be replaced by "art. 251 (b) ".

6. in the Al. 6 the words "art. 250 (a) ' shall be replaced by "art. 251 (b) "and the words" art. 250 in, al. 4 "shall be replaced by" art. 251 d, para. 5. "

§ 4. In art. 327 is hereby amended as follows: 1. In para. 4, the words "article. 250 (a) ' shall be replaced by "art. 251 (b) ".

2. in the Al. 5, the words "article. 250 g ' shall be replaced by "art. 251 e.

3. in the Al. 6 the words "art. 250 e ' shall be replaced by "art. 251. "

§ 5. In art. 332 and the words "art. 250 (a) ' shall be replaced by "art. 251 (b) ".

§ 6. In § 80 para. 1 of the transitional and concluding provisions of the law amending and supplementing the law on electronic communications (SG. 17 of 2009) the words "art. 251 (a) ' shall be replaced by "art. 251.

Final provisions

§ 7. In the Penal Code (official SG. 26 of 1968; Corr. 29/1968; amend., SG. 92, 1969, no. 26 and 27 of 1973, no. 89 of 1974, no. 95 of 1975, no. 3 of 1977, 54/1978, no. 89 of 1979, no. 28 of 1982; Corr, 31/1982; amend. , PC. 44 of 1984, PCs. 41 and 79 since 1985; Corr, PCs. 80 of 1985; amend., SG. 89 of 1986; Corr, PCs. 90 of 1986; amend., SG. 37, 91 and 99 of 1989, PCs. 10, 31 and 81 of 1990, St. 1 and 86 of 1991; Corr, PCs. 90 of 1991; amend., SG. 105 of 1991, PCs. 54 of 1992, issue. 10 since 1993, PCs. 50 of 1995; Decision No 19 of the Constitutional Court from 1995 – PCs. 97 of 1995; amend., SG. 102 of 1995, PCs. 107 of 1996, PCs. 62 and 85 of 1997; Decision No 19 of the Constitutional Court from 1997 – PCs. 120 of 1997; amend., SG. 83, 85, 132, 133 and 153 of 1998, PCs. 7, 51 and 81 of 1999, issue. 21 and 51 by 2000; Decision of the Constitutional Court No. 14 of 2000 – PCs. 98 by 2000; amend., SG. 41 and 101 of the 2001 PCs. 45 and 92 by 2002, PCs. 26 and 103 of 2004, PCs. 24, 43, 76, 86 and 88 of 2005, St. 59, 75 and 102 in 2006, PCs. 38, 64, 57, 85, 89 and 94 in 2007, PCs. 19, 67 and 102 by 2008, PCs. 12, 23, 27, 32, 47, 80, 93 and 102 of 2009, PCs. 26 and 32 from 2010, PC. 33 and 60 by 2011, issue. 19, 20 and 60 by 2012 PCs. 17, 61 and 84 from 2013, PCs. 19, 53 and 107 by 2014 and PCs. 14 by 2015.) in art. 171, para. 1, after the word "acquire" is added "keep", and the word "traffic" shall be deleted.

§ 8. In the code of criminal procedure (official SG. 86 of 2005; amend., SG. 46 and 109 from the 2007 No. 69 and 109 in 2008, issue 12, 27, 32 and 33 by 2009, issue 15, 32 and 101 of 2010, issue 13, 33, 60, 61 and 93 from 2011; Decision No. 10 of the Constitutional Court by 2011 – issue 93 of 2011; amend. , PC. 19, 20, 25 and 60 by 2012 PCs. 17, 52, 70 and 71 of 13 PCs. 21 by 2014 and PCs. 14 by 2015.) make the following changes and additions:

1. In art. 159:

a) the title shall be replaced by the following: "obligation to transmit articles, papers, computer information, computer-subscriber information service and other data";

(b)) in the Al. 1, the words "including traffic" are replaced by "other data".

2. an art. 159A:

"Provision of data by the enterprises providing public electronic communications networks and/or services

Art. 159. (1) at the request of the Court of Justice in the proceedings or on the basis of a reasoned order of a judge of the Court of first instance, issued at the request of a supervising prosecutor in pre-trial proceedings, undertakings providing public electronic communications networks and/or services, provided you have created in the conduct of their business data which are necessary for:

1. trace and identify the source of the link;

2. identification of the destination of the link;

3. identify the date, time and duration of the relationship;

4. identification of the type of connection;

5. identification of the final electronic communication device of the user or of what presents itself to its terminal device;

6. establishment of the identifier of the cells.

(2) the data referred to in para. 1 collect, when necessary for the investigation of serious intentional crimes.

(3) the request of the supervising Attorney in the Al. 1 be motivated and must contain:

1. information about the crime, the investigation of which impose the use of traffic data;

2. a description of the circumstances on which the request is based;

3. data concerning persons require traffic data;

4. the period of time covering the report;

5. the investigating authority to provide the data.

(4) the order under paragraph 1. 1 the Court stated:

1. the data which should be reflected in the report;

2. the period of time covering the report;

3. the investigating authority to provide the data.

(5) the period of time for which and enables the provision of data under para. 1 may not be longer than six months.

(6) where the report contains data that is not related to the circumstances of the case, and do not contribute to their understanding, the reasoned written proposal of supervising Attorney, judge, which granted the authorisation, ordered its destruction. The destruction is carried out in the order designated by the Attorney General. Within 7 days of receipt of the order the undertakings referred to in para. 1 and parole attorney shall provide the judge who issued it, destroying data protocols. "

3. § 1 of the supplementary provision para. 2 is repealed.

§ 9. The law shall enter into force on the day of its publication in the Official Gazette.

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

President of the National Assembly Tsetska Tsacheva:

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