Контрол на електронната комуникация за защита на националната сигурност
Control of Electronic Communication to Protect National Security
Author(s): Ognyan StoichkovSubject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, International Law, Security and defense, EU-Legislation
Published by: Национален военен университет „Васил Левски“
Keywords: national security; electronic communications; traffic data; Law on electronic communications; Court of Justice of the European Union
Summary/Abstract: The Bulgarian legislation, part of the practice of the ECHR and the Court of the EU for the processing of personal data in the sector of electronic communications and the relevant acts of the European Union, regarding the control of electronic communication for the protection of national security, have been studied. The first main problem is the need for an urgent update of our regulations, in accordance with the Decision in case C 350/21 of 17.11. 2022 for Bulgaria, with which the EU Court ruled that it does not allow national legislation that provides for the preventive general and non-selective retention of traffic data and location data, without ensuring that the individuals have been notified of this to the extent foreseen of Union law. The second problem is related to the limits and judicial control in determining national security, as a basis for control of electronic communication.
Journal: Сигурност и отбрана
- Issue Year: 2023
- Issue No: 2
- Page Range: 247-260
- Page Count: 14
- Language: Bulgarian