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December 2, 2022

Draft law on phone, internet data storage tabled in Parliament

A draft law providing that mobile phone and internet traffic data have to be stored by operators for six months was submitted to Parliament at the beginning of the month by Communications Minister Valerian Vreme and Democrat Liberal Deputy Adrian Ba­dulescu, online daily ‘Gandul’ reports.

The project resumes most of the provisions of a 2008 law which was however declared unconstitutional by the Constitutional Court in 2009, for infringing the right to private life, freedom of speech and secret of correspondence. Vreme told the newspaper that he tried to eliminate most of the unconstitutional provisions from the current project. He also said that if this law is not passed, Romania risks being penalised by the European Union.

Besides the EU requirements, the law will also help prevent, investigate and probe offences, especially organised crime.

If the law is passed, landline and mobile phone operators will have to store for six months data about the caller number, receiver number and the names of the people who hold those numbers. In case of internet services, companies will the field will have to store information about the name and address of subscriber, what equipment they use, time spent on the internet, IP address and others. All the data will be destroyed after six months, the project provides.

According to Badulescu, a former officer with the Romanian Intelligence Agency, the project does not bring anything new in fact, as “this mechanism is already in use, only that it has to become legal.”

“This directive is applied in all EU member states except Germany and Romania (…), while Sweden is facing an infringement procedure, it was fined and currently pays EUR 50,000 a day for not enforcing the directive,” Badulescu also said.

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