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Regarding inquiries to SCIS on the implementation of the Measures and Actions during the State of Emergency Act, declared with a decision of the National Assembly on the 13th of March 2020 and its Amendment Act

State Commission on Information Security (SCIS) has received letters from security and civil order authorities as well as other departments containing inquiries for clarification on cases regarding the implementation of the Measures and Actions during a State of Emergency Act, declared with a decision of the National Assembly on the 13th of March, 2020. In that regard, in a meeting that took place on 09.04.2020, SCIS accepted the following position:

The Measures and Actions during a State of Emergency Act declared with a decision by the National Assembly on 13th of March 2020 did not originally have a specific provision for the public relations in regards to the classified information protection.

The Amendment Act of the Measures and Actions during a State of Emergency Act declared with a decision by the National Assembly on 13th of March 2020 has a specific provision for the public relations in regard to the classified information protection in terms of the initiated procedures for reliability checks which provides an extension of the dates under Article 52, paragraph 2 of the Classified Information Protection Act with additional 30 days.

According to the Classified Information Protection Act and the Regulations for its implementation, the reliability check procedure is initiated after a written request for the initiation of the procedure and the submission of all necessary documents enclosed to it. Among the necessary documents for the initiation of the procedure for reliability check are medical certificates according to Article 42, paragraph 2 of Classified Information Protection Act, in regards to Article 147, paragraph 1, point 1, letter “a” of the Regulations Implementation the Classified Information Protection Act as well as notary authenticated declaration under Article 74, paragraph 2, point 1 of the Tax Insurance Procedure Code.

In regards to signals received by SCIS that some medical centers does not issue medical certificates, a request has been sent to the Health Minister for undertaking the necessary actions on his part to instruct the medical centers to issue such certificates.

The same was conducted towards the signals that certain notaries does not issue a authentication of the declaration under Article 74, paragraph 2, point 1 of the Tax Insurance Procedure Code  by sending a letter to the Notary Chamber of the Republic of Bulgaria. Receiving a response, the Chairman of the Notary Council Krasimir Angelov informed SCIS that the Notary Council will undertake the necessary actions and instruct all notaries, when necessary, to issue the authentication of such declaration with priorities.

On the official web page of the Notary Chamber is published the list of the notaries on duty. In case of refusal to for an authentication to be issued, the Notary Chamber can be contacted. The same applies regarding the Ministry of Health in case that a medical certificate issuance is refused.

Only when the person is unable to submit some of the necessary documents due to valid reasons, the security check procedure cannot be initiated and must be delayed until their submission.

Already initiated procedures for reliability has to be completed before the established due dates and the provided possibility for an extension as in such case the certificates for access for classified information remain valid until the end of the procedure.