5 Concluding Remarks
The present research on the legal framework of data protection presented in this
paper might offer opportunities and perhaps a more clear view over this issue for
policymakers, legislators, data controllers and data protection authority from Romania to fully understand the impact of the new EU legislation. On the other hand it
shows that although the protection of personal data is harmonized within the EU
regulations, differences still exist in the actual protection of personal data. Furthermore there are still really old provisions, which, combined with the new framework,
create some ambiguity in certain situations.
Taking into account the relatively recent entry into force of the new data protection legislative framework Regulation no. 679/2016 on the protection of individuals
with regard to the processing of personal data and on the free movement of such data,
as well as Law no. 190/2018 on the measures implementing the Regulation and the
lack of a relevant prior practice of the National Supervisory Authority for Personal
Data Processing, its relevant guidelines or guidance or the case law of the courts
regarding the subject of the analysis, we emphasise that we cannot rely on a practice
of Romanian authorities or courts in relation to the subject under consideration and
that we cannot rule out different interpretations of them in relation to the legal
provisions analysed.
References
Bibicu B, Gabudeanu L, Saftencu R (2015) Impact of new Romanian data retention legislation on
providers of electronic communications. Available at https://www.lexology.com/library/detail.
aspx?g¼28f26ef3-f109-4179-8140-43ca6c7cfa14. Accessed 5 Oct 2018
Custers B et al (2017) A comparison of data protection legislation and policies across the
EU. Comput Law Secur Rev 34(2), April 2018, 234–243. Available at https://www.
sciencedirect.com/science/article/pii/S0267364917302856. Accessed 5 Oct 2018
Lazar E (2018) La jurisprudence CEDH post Barbulescu dans le contexte de surveillance des
employées – évolution et conséquences. NRDO, no. 1/2018. Available at http://
revistadrepturileomului.ro/assets/docs/2018_1/NRDO%202018_1_lazar.pdf. Accessed 10 Oct
2018
Sandru DM, Alexe I (2018) The implementation of the General Data Protection Regulation 2016/
679. Experience from Romania, in the Legislation of the European Union on Personal Data,
University Press, 2018
Data Protection Regulations: Overview of the Romanian Legislation and. . .
307
The present research on the legal framework of data protection presented in this
paper might offer opportunities and perhaps a more clear view over this issue for
policymakers, legislators, data controllers and data protection authority from Romania to fully understand the impact of the new EU legislation. On the other hand it
shows that although the protection of personal data is harmonized within the EU
regulations, differences still exist in the actual protection of personal data. Furthermore there are still really old provisions, which, combined with the new framework,
create some ambiguity in certain situations.
Taking into account the relatively recent entry into force of the new data protection legislative framework Regulation no. 679/2016 on the protection of individuals
with regard to the processing of personal data and on the free movement of such data,
as well as Law no. 190/2018 on the measures implementing the Regulation and the
lack of a relevant prior practice of the National Supervisory Authority for Personal
Data Processing, its relevant guidelines or guidance or the case law of the courts
regarding the subject of the analysis, we emphasise that we cannot rely on a practice
of Romanian authorities or courts in relation to the subject under consideration and
that we cannot rule out different interpretations of them in relation to the legal
provisions analysed.
References
Bibicu B, Gabudeanu L, Saftencu R (2015) Impact of new Romanian data retention legislation on
providers of electronic communications. Available at https://www.lexology.com/library/detail.
aspx?g¼28f26ef3-f109-4179-8140-43ca6c7cfa14. Accessed 5 Oct 2018
Custers B et al (2017) A comparison of data protection legislation and policies across the
EU. Comput Law Secur Rev 34(2), April 2018, 234–243. Available at https://www.
sciencedirect.com/science/article/pii/S0267364917302856. Accessed 5 Oct 2018
Lazar E (2018) La jurisprudence CEDH post Barbulescu dans le contexte de surveillance des
employées – évolution et conséquences. NRDO, no. 1/2018. Available at http://
revistadrepturileomului.ro/assets/docs/2018_1/NRDO%202018_1_lazar.pdf. Accessed 10 Oct
2018
Sandru DM, Alexe I (2018) The implementation of the General Data Protection Regulation 2016/
679. Experience from Romania, in the Legislation of the European Union on Personal Data,
University Press, 2018
Data Protection Regulations: Overview of the Romanian Legislation and. . .
307