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Privacy in Romania Today’s Challenges

Learn about the legal and institutional frameworks for privacy in Romania, the threats posed by government databases, and potential solutions. Join the Association for the Best Use of Electronic Services (A.B.U.S.E.) in protecting privacy rights.

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Privacy in Romania Today’s Challenges

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  1. Privacy in RomaniaToday’s Challenges Bogdan Manolea A.B.U.S.E.

  2. About A.B.U.S.E. • A.B.U.S.E = Association for the Best Use of Electronic Services • Very young Romanian association • First association of the information society services providers • www.abuse.ro - soon available

  3. Privacy – legal framework • Constitution – Art. 26 • Law No. 676/2001 on the Processing of Personal Data and the Protection of Privacy in the Telecommunications Sector • Law No. 677/2001 for the Protection of Persons concerning the Processing of Personal Data and the Free Circulation of Such Data

  4. Privacy – institutional framework • The regulatory authority established by Law No. 676/2001 was originally the Ministry of Communication and Information Technology, but it was changed by the Government Emergency Ordinance No. 79/2002 for the National Regulatory Authority for Communication (NRAC) • The supervisory authority for Law No. 677/2001 is the Ombudsman (also called "The People's Advocate").

  5. Privacy – institutional framework • EU hits again … • Consultative Council for the integration in EU – Ministry of Internal Affairs, Ministry of EU Integration and the Ombudsman discussed the data protection issue • Conclusions : • The civil society can play a bigger role in informing the people on personal data protection and to support the public administration in this field • A new supervisory authority with attributions only on data protection field will be created through a new normative act

  6. Threats to privacy • Integrated Informational System (SII) • A database that will centralize the information held by all public institutions on natural and legal persons • It may become the electronic arm of the Romanian Intelligence Service (SRI).

  7. Threats to privacy • Association for the Defense of Human Rights in Romania – Helsinki Committee (APADOR-CH) and the media criticized this decision by arguing that the Government Decision was not legal, and because of the threats the decision raises for certain fundamental rights, especially the right to privacy • APADOR-CH filed a court complaint considering that the decision has seriously infringed upon the subjective right to privacy of APADOR-CH's members (as well as of all other people), a right guaranteed by Article 26 of the Constitution and Article 8 of the European Convention of Human Rights.

  8. Solving the problem • A real implication from the government in data protection field • Independent Privacy Ombudsman with qualified staff • Awareness campaigns • Concrete programs in cooperation with NGO’s

  9. Thank you Bogdan Manolea A.B.U.S.E. bogdan@legi-internet.ro +40 721 205 603

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