a) In the frame of the activities in the field of national defence and national security,
performed within the limits and subject to restrictions set out by the legal
provisions in force;
b) In the frame of the activities concerning the fight against crime and the keeping
of public order, as well as in the frame of other activities in the areas of criminal
law, performed within the limits and subject to restrictions set out by the legal
provisions in force.
The law operates with two categories of data:
a) Traffic data—any data processed for the purpose of the conveyance of a
communication on an electronic communications network or for the billing
thereof;
b) Location data—any data processed in an electronic communications network,
indicating the geographic position of the terminal equipment of a user of a
publicly available electronic communications service.
There is no specific definition of “communication data”, but only the definition of
communication
12
—any information exchanged or conveyed between a finite number of parties by means of a publicly available electronic communications service;
this does not include the information conveyed as part of a broadcasting service to
the public over an electronic communications network except to the extent that the
information can be related to the identifiable subscriber or user receiving the
information.
According to article 4 of the same law:
(1) The confidentiality of communications and the related traffic data by means of public
electronic communications networks and publicly available electronic communications
services is guaranteed;
(2) Listening, tapping, storage or other kinds of interception or surveillance of communications and the related traffic data are prohibited, except for the following cases:
a) These operations are carried out by the users who participate in that communication;
b) The users who participate in that communication have previously given their
written consent;
c) These operations are carried out by the competent authorities, under the conditions
set out by the legal provisions in force.
2.2.3 The Provisions of the Law No. 190/2018 on the Measures
for the Application of Regulation (EU) 2016/679
On the 31st of July 2018, Law no. 190/2018 on the measures for the application of
Regulation (EU) 2016/679 entered into force, shedding some light over the data
protection framework,
We will show below what the main changes are or, in other words, the additions
to the EU Regulation.
12 See article 2.
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E. Lazar and D. N. Costescu
performed within the limits and subject to restrictions set out by the legal
provisions in force;
b) In the frame of the activities concerning the fight against crime and the keeping
of public order, as well as in the frame of other activities in the areas of criminal
law, performed within the limits and subject to restrictions set out by the legal
provisions in force.
The law operates with two categories of data:
a) Traffic data—any data processed for the purpose of the conveyance of a
communication on an electronic communications network or for the billing
thereof;
b) Location data—any data processed in an electronic communications network,
indicating the geographic position of the terminal equipment of a user of a
publicly available electronic communications service.
There is no specific definition of “communication data”, but only the definition of
communication
12
—any information exchanged or conveyed between a finite number of parties by means of a publicly available electronic communications service;
this does not include the information conveyed as part of a broadcasting service to
the public over an electronic communications network except to the extent that the
information can be related to the identifiable subscriber or user receiving the
information.
According to article 4 of the same law:
(1) The confidentiality of communications and the related traffic data by means of public
electronic communications networks and publicly available electronic communications
services is guaranteed;
(2) Listening, tapping, storage or other kinds of interception or surveillance of communications and the related traffic data are prohibited, except for the following cases:
a) These operations are carried out by the users who participate in that communication;
b) The users who participate in that communication have previously given their
written consent;
c) These operations are carried out by the competent authorities, under the conditions
set out by the legal provisions in force.
2.2.3 The Provisions of the Law No. 190/2018 on the Measures
for the Application of Regulation (EU) 2016/679
On the 31st of July 2018, Law no. 190/2018 on the measures for the application of
Regulation (EU) 2016/679 entered into force, shedding some light over the data
protection framework,
We will show below what the main changes are or, in other words, the additions
to the EU Regulation.
12 See article 2.
292
E. Lazar and D. N. Costescu