Article 41g. (New, SG No. 49/2007) (1) Public sector information shall be provided for reuse at charges recovering
the material costs of the provision of the said information, determined by a rate schedule adopted by the Council of Ministers.
(2) The charges referred to in Paragraph (1) must not exceed the costs of provision of the public sector information.
(3) When requested to do so, public sector bodies shall provide data on the manner of determination of the costs
referred to in Paragraph (1).
(4) The amounts under Paragraph (1) shall be credited to the budget of the relevant public sector body.
Time Limit for Provision of Public Sector Information
Article 41h. (New, SG No. 49/2007) (1) Public sector bodies shall process any request for re-use as received and
shall reply to the applicant within a timeframe of not more than fourteen days after the receipt of any such request.
(2) In the cases where the information requested is relevant for a specified period of time, public sector bodies must
provide such information within a reasonable time wherewithin the said information has not lost its topical relevance.
(3) In the cases where the request for re-use of public sector information is complex and more time is needed to provide
such information, the timeframe referred to in Paragraph (1) may be extended by up to fourteen days. In such case, the
applicant shall be notified of the time required for provision of the information within fourteen days after receipt of the request,
Refusal to Provide Public Sector Information for Re-use
Article 41i. (New, SG No. 49/2007) (1) Any refusal to provide public sector information for re-use shall be
reasoned.
(2) Provision may be refused where:
1. a law prohibits the provision of the information requested;
2. the request is not responsive to the conditions covered under Article 41f herein.
(3) A refusal referred to in Paragraph (1) shall state the grounds of fact and law for a refusal, the date whereon the
decision was made and the procedure for appeal of the said decision. In case of a refusal by reason of the existence of
intellectual property rights held by a third party, the decision on refusal shall include a reference to the name of the rightholder
or of the person wherefrom the public sector body has obtained the said rights.
(4) The existence of personal data in the public sector information which is requested for re-use may not be grounds for
refusal in the cases where the said information constitutes or is part of a publicly accessible register.
Cognizance and Appeal
Article 41j. (New, SG No. 49/2007) Any refusal to provide public sector information for re-use shall be appealable
before the administrative courts or before the Supreme Administrative Court, depending on the authority which issued the act,
according to the procedure established by the Administrative Procedure Code.
Chapter Five
(New, SG No. 49/2007)
ADMINISTRATIVE PENALTY PROVISIONS
Administrative Violations and Sanctions
Article 42. (Amended, SG No. 49/2007) (1) Any public official who, without reasonable excuse, fails to pronounce
on an application for access to public information within the statutory time limit, shall be liable to a fine of BGN 50 or exceeding
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