Наказателноправна закрила на личните данни – опитът на други държави – членки на ЕС
Criminal Law Protection of Personal Data – the Experience of Other EU Member States

Summary/Abstract: The importance and vulnerability of personal data in the modern digital world require the maintenance of a system of adequate measures, including criminal law ones, for their protection. The right to personal data protection arises from the right to inviolability of personal life and is regulated as an individual right in the EU Charter of Fundamental Rights. Bulgarian criminal law pro vides for corpora of encroachments upon fun damental personal rights, such as privacy of the home and the correspondence, however, it does not give criminal law protection to personal data. Although our national legislation in the fi eld of personal data has been reformed in order to be brought into line with the requirements of Regulation (ЕU) 2016/679 and Directive (ЕU) 2016/680, the Bulgarian legislator did not use the opportunity provided for in Art. 84 of the General Regulation to introduce criminal law sanctions for the protection of personal data. Unlike our country, the national legislations of a lot of the EU Member States contain corpora delicti concerning the rules on personal data processing. This article gives a comparative law analysis of the provisions in three Member States (France, Great Britain and Germany), which are selected in a way demon strating various approaches to the criminalization of the encroachments upon the rules on personal data processing. A need is substantiated for introducing a modern and adequate criminal law protection of personal data in Bulgaria.

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