of documents or information in its possession relating to the transactions or
operations of a person;
f) Retaining, surrendering or searching for postal items—Checking by physical or
technical means letters, other postal items or objects transmitted by any means.
Technical oversight/surveillance represents the activity of gathering evidence in
the criminal investigation phase by using technical means capable of discovering and
storing information and circumstances that lead to the establishment of the truth in a
criminal proceeding and to the criminal liability of those who have participated in the
commission of a crime.
Technical surveillance is carried out using one of the methods listed above,
namely: interception of communications or any type of remote communication;
access to a computer system; video, audio or video surveillance; location or tracking
by technical means.
In order for the technical surveillance to be available, the following conditions
must be met cumulatively: existence of reasonable suspicion about the preparation or
commission of an offence listed in the legal texts; the measure be proportionate to the
restriction of fundamental rights and freedoms, given the particularities of the case,
the importance of the information or evidence to be obtained or the seriousness of the
offence; evidence could not otherwise be obtained or obtaining them would entail
particular difficulties that would prejudice the investigation or there is a danger to the
safety of persons or valuable goods. Technical supervision may be ordered during
criminal prosecution, for a maximum of 30 days at the request of the prosecutor, by
the judge of rights and freedoms from the court having jurisdiction to hear the case at
first instance or from the appropriate court in its grade, in whose district is found the
headquarters of the prosecutor’s office, which includes the prosecutor who made the
request.
The measure of technical supervision may be prolonged, for duly justified
reasons, by the judge of rights and freedoms from the competent court, at the
motivated request of the prosecutor, each extension not exceeding 30 days.
3 The Status of Specific Areas Regarding Data Protection
in the Internet
3.1 Status of Processing of Sensitive Data: Genetic, Biometric
and Health Related Data
Sensitive personal data is personal data consisting of racial or ethnic origin, political
opinions, religious or philosophical beliefs, or trade union membership, genetic data,
biometric data, data concerning health or data concerning a natural person’s sex life
or sexual orientation.
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E. Lazar and D. N. Costescu
operations of a person;
f) Retaining, surrendering or searching for postal items—Checking by physical or
technical means letters, other postal items or objects transmitted by any means.
Technical oversight/surveillance represents the activity of gathering evidence in
the criminal investigation phase by using technical means capable of discovering and
storing information and circumstances that lead to the establishment of the truth in a
criminal proceeding and to the criminal liability of those who have participated in the
commission of a crime.
Technical surveillance is carried out using one of the methods listed above,
namely: interception of communications or any type of remote communication;
access to a computer system; video, audio or video surveillance; location or tracking
by technical means.
In order for the technical surveillance to be available, the following conditions
must be met cumulatively: existence of reasonable suspicion about the preparation or
commission of an offence listed in the legal texts; the measure be proportionate to the
restriction of fundamental rights and freedoms, given the particularities of the case,
the importance of the information or evidence to be obtained or the seriousness of the
offence; evidence could not otherwise be obtained or obtaining them would entail
particular difficulties that would prejudice the investigation or there is a danger to the
safety of persons or valuable goods. Technical supervision may be ordered during
criminal prosecution, for a maximum of 30 days at the request of the prosecutor, by
the judge of rights and freedoms from the court having jurisdiction to hear the case at
first instance or from the appropriate court in its grade, in whose district is found the
headquarters of the prosecutor’s office, which includes the prosecutor who made the
request.
The measure of technical supervision may be prolonged, for duly justified
reasons, by the judge of rights and freedoms from the competent court, at the
motivated request of the prosecutor, each extension not exceeding 30 days.
3 The Status of Specific Areas Regarding Data Protection
in the Internet
3.1 Status of Processing of Sensitive Data: Genetic, Biometric
and Health Related Data
Sensitive personal data is personal data consisting of racial or ethnic origin, political
opinions, religious or philosophical beliefs, or trade union membership, genetic data,
biometric data, data concerning health or data concerning a natural person’s sex life
or sexual orientation.
296
E. Lazar and D. N. Costescu