/ world at the moment information/ Ombudsman Maya Manolova will take part on Monday, February 4, 2019, at 9:30 a.m. within the session of the Administrative Court docket Sofia-city, Second Division, Chamber 25, on an enchantment towards the choice of the chief director of “Toplofikatsia Sofia” EAD, with which entry to public data was denied.
We remind you that on October 7, 2016, the general public defender requested solutions to 10 questions beneath the Entry to Public Info Act (APIA). (See Appendix No. 1)
Throughout the 14-day interval, the ombudsman didn’t obtain an express determination in keeping with the authorized necessities. As a substitute, “Toplofikatsia Sofia” EAD expressed a written opinion, by which it’s claimed that the requested data and entities don’t fall inside the scope of the GDPR. (See Appendix No. 2)
In her criticism to the Administrative Court docket, Manolova emphasised that “the heating firm is within the circle of obliged entities in keeping with the Public Regulation Act, as it’s a public group inside the which means of the legislation.” As well as, it’s categorical that “the requested data is “public” inside the which means of the GDPR; the necessities for the type of the refusal haven’t been met; the requested data doesn’t include a commerce secret; there may be an overriding public curiosity’. (See Annex No. 3)
The ombudsman requested the monopoly firm for data on the TIN after the Constitutional Court docket rejected the request for unconstitutionality of provisions within the Civil Process Code and the Tax-Insurance coverage Process Code. It’s in regards to the so-called “authorized charges” that Toplofikatsia collects from its debtors, though the salaries of its legal professionals are included within the value of warmth vitality accepted by KEVR.
In accordance with the knowledge of the general public defender, the corporate collected greater than BGN 15 million from shoppers within the capital in 2015 alone via the circumstances initiated towards 21 thousand residents of the capital. In these proceedings, the corporate requested a minimal of BGN 300 earlier than the courtroom, BGN 350 earlier than a non-public bailiff, BGN 300 can be due within the declare proceedings.
In 2018, the courtroom overturned the CEO’s “tacit refusal.” of “Toplofikatsia Sofia” EAD, and the file was returned for ruling. This was adopted by a call of the capital heating firm, by which the chief director once more refused to supply the requested public data, the topic of the present courtroom proceedings.
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