electronic format, provided in Annex no. 2. Also, in the Official Gazette of Romania
no. 892 of 23 October 2018, it was published the decision no. 161 of the National
Supervisory Authority for Personal Data Processing (NSAPDP) regarding the
approval of the Investigation Procedure.
Romanian legislation on data protection also includes law no. 238 of June
10, 2009 regarding the regulation of personal data processing by the structures/
units of the Ministry of Administration and Interior in the activities of preventing,
investigating and fighting crimes, as well as maintaining and securing public order,
law that should be read in the light of the provisions of the Criminal Code
6 and
Criminal Procedural Code.
7
Lastly, in the electronic communication sector we have the law no. 506 of
17 November 2004 on the processing of personal data and the protection of privacy
in the electronic communications sector, and the law no. 235 of 12 October 2015
8
for amending and completing the Law no. 506/2004 on the processing of personal
data and the protection of privacy in the electronic communications sector and
repealing law no. 82 of June 13, 2012 on the retention of the data generated or
processed by the providers of public electronic communications networks and of the
providers of publicly available electronic communications services, whose provisions will be analysed in separate section in the present paper (Sect. 4).
2.2 The General Provisions of the Romanian Laws on Data
Protection
2.2.1 The Provisions of the Laws Regulating the National Supervisory
Authority for Personal Data Processing Activity
Like previously mentioned, the activity of NSAPDP is regulated by LAW no. 102 of
3 May 2005 on the establishment, organization and functioning of the National
Supervisory Authority for Personal Data Processing and Law no. 129/2018 for
amending and supplementing Law no. 102/2005
9 regarding the establishment,
organization and functioning of the National Supervisory Authority for Personal
Data Processing.
6 See Law no. 286/2009 on the New Criminal code, published in the Official Gazette no. 510 from
24 July, 2009.
7 See Law no. 135/2010 on the New Code of Criminal Procedure, published in the Official Gazette
no. 486 from 15 July 2010, in force since 1 February 2014.
8 See Law no. 235 of 12 October 2015 for amending and completing the Law no. 506/2004 on the
processing of personal data and the protection of privacy in the electronic communications sector,
published in the Official Gazette no. 767 from 14 October 2015.
9 See Law no. 102 of 3 May 2005 on the establishment, organization and functioning of the National
Supervisory Authority for Personal Data Processing, published in the Official Gazette no. 391 of
May 9, 2005.
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E. Lazar and D. N. Costescu
no. 892 of 23 October 2018, it was published the decision no. 161 of the National
Supervisory Authority for Personal Data Processing (NSAPDP) regarding the
approval of the Investigation Procedure.
Romanian legislation on data protection also includes law no. 238 of June
10, 2009 regarding the regulation of personal data processing by the structures/
units of the Ministry of Administration and Interior in the activities of preventing,
investigating and fighting crimes, as well as maintaining and securing public order,
law that should be read in the light of the provisions of the Criminal Code
6 and
Criminal Procedural Code.
7
Lastly, in the electronic communication sector we have the law no. 506 of
17 November 2004 on the processing of personal data and the protection of privacy
in the electronic communications sector, and the law no. 235 of 12 October 2015
8
for amending and completing the Law no. 506/2004 on the processing of personal
data and the protection of privacy in the electronic communications sector and
repealing law no. 82 of June 13, 2012 on the retention of the data generated or
processed by the providers of public electronic communications networks and of the
providers of publicly available electronic communications services, whose provisions will be analysed in separate section in the present paper (Sect. 4).
2.2 The General Provisions of the Romanian Laws on Data
Protection
2.2.1 The Provisions of the Laws Regulating the National Supervisory
Authority for Personal Data Processing Activity
Like previously mentioned, the activity of NSAPDP is regulated by LAW no. 102 of
3 May 2005 on the establishment, organization and functioning of the National
Supervisory Authority for Personal Data Processing and Law no. 129/2018 for
amending and supplementing Law no. 102/2005
9 regarding the establishment,
organization and functioning of the National Supervisory Authority for Personal
Data Processing.
6 See Law no. 286/2009 on the New Criminal code, published in the Official Gazette no. 510 from
24 July, 2009.
7 See Law no. 135/2010 on the New Code of Criminal Procedure, published in the Official Gazette
no. 486 from 15 July 2010, in force since 1 February 2014.
8 See Law no. 235 of 12 October 2015 for amending and completing the Law no. 506/2004 on the
processing of personal data and the protection of privacy in the electronic communications sector,
published in the Official Gazette no. 767 from 14 October 2015.
9 See Law no. 102 of 3 May 2005 on the establishment, organization and functioning of the National
Supervisory Authority for Personal Data Processing, published in the Official Gazette no. 391 of
May 9, 2005.
288
E. Lazar and D. N. Costescu