Purpose of the request
установяване на противоконституционност на чл. 25, т. 6 от Закона за достъп и разкриване на документите и за обявяване на принадлежност на български граждани към Държавна сигурност и разузнавателните служби на БНА
Resolution - 4
Art. 25, item 3 of the Access to and Disclosure of the Documents and Announcing the Affiliation of Bulgarian Citizens with the State Security Service and the Intelligence Services of the Bulgarian People’s Army that reads “documents written by his/her immediate superior salaried or non-salaried officer, as well as by the available data on this person in the reference data bases (registration journals and card indexes), in the protocols for destruction of documents or on other information carriers” is not anticonstitutional as it is only persons who occupy public posts as listed in the Act or who perform public activities as listed in the Act who can be subject to public criticism at a level higher than that to which private persons are subjected who suffer encroachment on their personal data. Besides all guarantees are planned for the persons affiliated with the State Security services in the form of a right to legal defense and in view of the note that that it is based solely on these documents because of the inexistence of other documents that directly indicate the affiliation. The provision in question is not anticonstitutional as there is no violation of the principle of equality before the law which calls for a nondiscriminatory treatment of persons whose dossiers have been destroyed and persons whose dossiers have been saved who occupy public posts or perform public activities with disclosed affiliation to the intelligence services.