BulgariaElectronic Communications Act, Articles 246 and 247, Confidentiality of Communications and Recording
Закон за електронните съобщения (ЗЕС, Zakon za elektronnite saobshtenia), chl. 246-247
In force.
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Consent, Disclosure, Retention
As of .
What it requires
- Do not listen to, record, store or otherwise intercept or track a message or its traffic data unless you are the sender or the recipient, or both of them have given their express consent, or a law provides otherwise (Article 246, paragraph 1).
- You may record messages and their traffic data without that consent only where the recording is necessary and provided for by law to prove the conclusion of commercial transactions, and the sender and recipient have been told in advance of the recording, its purposes and retention period and of their right to refuse it (Article 247, paragraph 1).
- Keep a recording no longer than the period in which it can be used to prove the commercial transaction (Article 247, paragraph 2).
What this law does
Article 246, paragraph 1 of the Electronic Communications Act prohibits anyone other than the sender and the recipient from listening to, recording, storing or otherwise intercepting or tracking messages and their traffic data without the express consent of both sender and recipient, except where a law provides otherwise.
Article 246, paragraph 2 lifts that prohibition for providers of electronic communications networks or services where storage is needed for technical reasons or is an essential part of providing the service, or where authorized persons check the technical parameters of the service.
Article 247, paragraph 1 allows recording of messages and their traffic data outside those exceptions where the recording is necessary and provided for by law to prove the conclusion of commercial transactions and the sender and recipient have been told in advance of the recording, its purposes and retention period and of their right to refuse it. Article 247, paragraph 2 limits retention of the recordings to the period in which they can be used under paragraph 1, point 1.
When LexLint raises it
When your app profile says your app records calls, records text chat, processes voice recordings or deploys a chatbot.