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March 22, 2023

So-called Big Brother Law adopted in 2012, declared unconstitutional

The Constitutional Court (CC) decided on Tuesday that Law 82/2012, also known as the Big Brother Law, is unconstitutional. The decision was taken unanimously.
According to a CC communique, the Court unanimously “admitted the exception of unconstitutionality and has noted that the stipulations of Law 82/2012 concerning the storage of data generated or processed by the providers of public networks of electronic communications and by the providers of electronic communications services for the public, as well as the stipulations concerning the modification of Law 506/2004 on the processing of personal data and the protection of private life in the electronic communications sector are unconstitutional.” The law stipulates that landline and mobile phone providers and internet providers should store for a period of 6 months the data of their subscribers, data that can be offered to national security authorities, on demand, for actions meant to prevent, investigate, discover and monitor serious crimes. The CC’s decision is final.

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