РEГИCТPAЦИЯ НА БИOМEТPИЧНИ И ГEНEТИЧНИ ДAННИ ОТ МВР - МАТЕРИАЛНОПРАВНИ И ПРОЦЕСУАЛНОПРАВНИ ГАРАНЦИИ
REGISTRATION OF BIOMETRIC AND GENETIC DATA BY THE MINISTRY OF INTERIOR – SUBSTANTIVE AND PROCEDURAL LEGAL SAFEGUARDS

Summary/Abstract: This article reviews Bulgarian legislation on biometric and genetic data collection by the police, in light of the applicable European standards on the right to private life and data protection. Several judgments of the EU Court of Justice over the last two years, as well as the long-standing case law of the European Court of Human Rights, clearly demonstrate that the existing safeguards under national law are insufficient. Judicial review of recording biometric and genetic data on the police database is focused on the existence of probable cause that a crime has been committed, which is insufficient to meet all the legal requirements from a right to private life perspective. For the courts to provide full protection, which necessarily includes a review of the necessity and proportionality of recording and keeping the data, they will need to expand the scope of judicial review under Art. 68 of the Police Act, as well as develop an administrative review procedure.

• Details
• Contents