WORLD
Big Brother law considered unconstitutional in Romania
Baku, July 11 (AZERTAC). Judges of the Romanian Constitutional Court decided that the law on the retention of personal data by mobile operators and Internet providers does not comply with the Constitution. Recently, the European Court of Justice ruled that the European Directive under which Romania has created this law is illegal, and the decision was to be implemented by each EU member state individually.
The Constitutional Court ruled, unanimously, that the provisions of law 82/2012 on the retention of data generated or processed by providers of public electronic communications networks and providers of publicly available electronic communications services and amending and supplementing Law 506 / 2004 concerning the processing of personal data and privacy in the electronic communications are unconstitutional.
Law "Big Brother" refers to the obligation telecom operators to retain data for six months telephone or electronic communications of subscribers, you must make available to the criminal investigation authorities, with the approval of a judge. These data relate to the content of communications, but are only technical data which establish the identities of communicating in which the communication times, location, etc.
CCR judges have ruled on this law, after a magistrate in a court proceeded ex officio, in a process. One of the reasons that the law failed to CCR is not complying with Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, said sources in the Constitutional Court.
Article 7 refers to "respect for private and family life" and states that "everyone has the right to respect for private and family life, home and communications."
Article 8 refers to "the protection of personal data" and states that "everyone has the right to protection of personal data concerning him," that "this data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to the data collected concerning him, and the right to have it rectified "and that" compliance with these rules shall be subject to control by an independent authority. "