national legislation or in a treaty ratified by Romania, if there are legal provisions
regulating police cooperation or international judicial cooperation in criminal matters or when the transfer is necessary to prevent a serious and imminent danger to the
life, physical integrity or health of a person or property, as well as to combat a
serious crime provided by law, in compliance with Romanian law:
a) The police, judicial or other competent authorities of the Member States or the
bodies or institutions of the European Union with competence in the field of
police or judicial cooperation in criminal matters;
b) The International Criminal Police Organization—Interpol or other similar international institutions;
c) Third-country police bodies.
Personal data stored in performing the activities provided by this law shall be
erased or transformed into anonymous data when it is no longer necessary for the
purposes for which it was collected or, as the case may be, blocked under the law.
The structures/units of the MAI, as operators, are liable for the damage caused to
the data subject due to the processing of personal data, even if the damage was
caused by the processing, according to the law, of inaccurate personal data provided
by a competent authority of a Member State. If the structures/units of M.A.I. are
obliged, under the law, to pay damages for damages caused to the data subject as a
result of the processing of inaccurate personal data provided by a competent
authority of a Member State, they are obliged to order the necessary measures for
the recovery of the sums paid as indemnity to the authority that provided the data.
Like previously mentioned, the processing of data in the context of prevention,
investigation and combating crimes:
Regulated in art. 138 of the Code of Criminal Procedure,
14 the methods of
technical surveillance appear as follows:
a) Intercepting communications or any type of remote communication—
intercepting, accessing, monitoring, collecting or recording communications
via the telephone, computer system or any other means of communication;
b) Access to a computer system—entry into a computer system or means of storing
computer data either directly or remotely through specialized programs or
through a network in order to identify evidence;
c) Video, audio or video surveillance—photographing people, observing or
recording their conversations, movements or other activities;
d) Locating or tracking by technical means—using devices that determine the
location of the person or object to which they are attached;
e) Obtaining data on financial transactions of a person—operations to ensure the
knowledge of the content of financial transactions and other transactions
performed or to be performed through credit institutions or other financial
entities, as well as obtaining from an institution credit or other financial entity
14 See Law no. 135/2010 on the New Code of Criminal Procedure, published in the Official Gazette
no. 486 of 15 July 2010.
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regulating police cooperation or international judicial cooperation in criminal matters or when the transfer is necessary to prevent a serious and imminent danger to the
life, physical integrity or health of a person or property, as well as to combat a
serious crime provided by law, in compliance with Romanian law:
a) The police, judicial or other competent authorities of the Member States or the
bodies or institutions of the European Union with competence in the field of
police or judicial cooperation in criminal matters;
b) The International Criminal Police Organization—Interpol or other similar international institutions;
c) Third-country police bodies.
Personal data stored in performing the activities provided by this law shall be
erased or transformed into anonymous data when it is no longer necessary for the
purposes for which it was collected or, as the case may be, blocked under the law.
The structures/units of the MAI, as operators, are liable for the damage caused to
the data subject due to the processing of personal data, even if the damage was
caused by the processing, according to the law, of inaccurate personal data provided
by a competent authority of a Member State. If the structures/units of M.A.I. are
obliged, under the law, to pay damages for damages caused to the data subject as a
result of the processing of inaccurate personal data provided by a competent
authority of a Member State, they are obliged to order the necessary measures for
the recovery of the sums paid as indemnity to the authority that provided the data.
Like previously mentioned, the processing of data in the context of prevention,
investigation and combating crimes:
Regulated in art. 138 of the Code of Criminal Procedure,
14 the methods of
technical surveillance appear as follows:
a) Intercepting communications or any type of remote communication—
intercepting, accessing, monitoring, collecting or recording communications
via the telephone, computer system or any other means of communication;
b) Access to a computer system—entry into a computer system or means of storing
computer data either directly or remotely through specialized programs or
through a network in order to identify evidence;
c) Video, audio or video surveillance—photographing people, observing or
recording their conversations, movements or other activities;
d) Locating or tracking by technical means—using devices that determine the
location of the person or object to which they are attached;
e) Obtaining data on financial transactions of a person—operations to ensure the
knowledge of the content of financial transactions and other transactions
performed or to be performed through credit institutions or other financial
entities, as well as obtaining from an institution credit or other financial entity
14 See Law no. 135/2010 on the New Code of Criminal Procedure, published in the Official Gazette
no. 486 of 15 July 2010.
Data Protection Regulations: Overview of the Romanian Legislation and. . .
295