European Legal Background of the Freedom of Information and the Privacy of the Public Figures in view of the Application of Data Protection Principles.

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Presentation transcript:

European Legal Background of the Freedom of Information and the Privacy of the Public Figures in view of the Application of Data Protection Principles Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012

“ Freedom of information is a fundamental right and …the touchstone of all freedoms to which the United Nations is consecrated.”

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Freedom of Information Access to information about individuals Access to information that could benefit individuals Right to “blow the whistles”

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Benefits of the Freedom of Information  - prevents corruption  - better protected society  - respect for human rights  - more secure society  - more effective democracy  - important to make informed choices  - public hearing

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Freedom of Information Data Protection Right to access of information in respect of the data protection

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 European Union Documents The Charter of Fundamental Rights of the European Union, Official Journal of the EU, C 303/1, Dec 14, 2007 REGULATION (EC) No 1049/2001OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL regarding public access to European Parliament, Council and Commission documents Code of conduct concerning public access to Commission and Council documents The Charter of Fundamental Rights of the European Union REGULATION (EC) No 1049/2001Code of conduct concerning public access to Commission and Council documents

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Council of Europe Documents Council of Europe Convention on Access to Official Documents Adopted by the Committee of Ministers on 27 November 2008 at the 1042bis meeting of the Ministers’ DeputiesCouncil of Europe Convention on Access to Official Documents Explanatory Memorandum to the Council of Europe Convention on Access to Official DocumentsExplanatory Memorandum to the Council of Europe Convention on Access to Official Documents Recommendation R(2002)2 of the Committee of Ministers to member states on access to official documentsadopted by the Committee of Ministers on 21 February 2002 at the 784th meeting of the Ministers' DeputiesRecommendation R(2002)2 of the Committee of Ministers to member states on access to official documents Explanatory Memorandum to the Recommendation Rec. (2002) 2 of the Committee of Ministers to member states on access to official documentsExplanatory Memorandum to the Recommendation Rec. (2002) 2 of the Committee of Ministers to member states on access to official documents

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Council of Europe Documents Recommendation R(81)19of the Committee of Ministers of the Council of Europe adopted on 25 November 1981Recommendation R(81)19of the Committee of Ministers Recommendation No. R (94)13 Of the Committee of Ministers to Member States on Measures to Promote Media Transparency Adopted by the Committee of Ministers on 22 November 1994 at the 521st meeting of the Ministers' DeputiesRecommendation No. R (94)13 Of the Committee of Ministers to Member States on Measures to Promote Media Transparency Recommendation R(2000)13 on a European policy on access to archives Adopted by the Committee of Ministers on 13 July 2000 at the 717th meeting of the Ministers’ DeputiesRecommendation R(2000)13 on a European policy on access to archives Recommendation 1037 (1986) on data protection and freedom of information Text adopted by the Standing Committee, acting on behalf of the Assembly, on 3 July 1986.Recommendation 1037 (1986) on data protection and freedom of information

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Public Figures - a person who is known by a large mass of a given populous ( politicians, CEOs, celebrities etc. ) - a person with a recognized important role in shaping society - a person who has the media attention

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Need for Balance Privacy of Public Figures Freedom of Information

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Privacy of Public Figures

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Freedom of Information in Bulgaria o Constitution of the Republic of Bulgaria o Access to Information Programme /API/ established 1996 o The Access to Public Information Act

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Main Activities of Access to Information Programme MonitoringEstablishing Network of JournalistsPerforming Surveys

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Main Activities Legal HelpRaising awarenessTrainings

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Data Protection Cases Held at API

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Legal Cases - Personal Data Protection and Video Surveillance according to Access to Information Programme and Commission for Personal Data Protection -Data Protection and Direct Marketing Cases Access of Public Information in context of unlawful personal data processing

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Definition and Meaning of the Public Figures in Bulgaria No legal definition of “ public figure” The term used in Penal code to state more severe punishment in case of infringement of the right of a public figure Criteria used to identify a person as a public figure – differences with the American model in which a public figure is only a person who has achieved a certain degree of fame in the public sphere.

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Commission for Personal Data Protection stated that the bonuses of the public figures can be personal data or not, depending on the decision of the data controller. Statement 383/2012

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Legal Cases – Commission for Personal Data Protection 1. Personal data of a Public Figure published in a weekly magazine

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 AppealPosition PaperExpert Opinion

Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012 Decision of CPDPAppealPetition of Appeal

2. Processing of personal data of a public figure

Medical Specialists’ Reports Workshop on Privacy of Public Figures and Freedom of Information - Skopje, 9-10 October 2012

Thank you for your attention ! Desislava Borisova