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December 7, 2021

Victor Ciorbea, on Big Brother law: I don’t expect it will need to be challenged before CCR

Ombudsman Victor Ciorbea said on Thursday that, in his opinion, the Big Brother law would not need to be challenged before the Constitutional Court (CCR) and noted that he had participated in the debates with various experts when the law was drafted.
‘Some of our colleagues who are specialised in the field to a certain extent will read the law in order to prevent what we had last year, when we challenged the second Big Brother act on non-constitutionality grounds, our claim being admitted by the Constitutional Court’, said Ombudsman Victor Ciorbea, who was attending a debate in the Senate.
Ciorbea also said that he didn’t expect the situation of the previous year, when the Ombudsman had challenged the second Big Brother law in Court, would repeat itself.
‘I don’t believe it will be the case. This is just my opinion based on some of the preparatory debates to which I was invited. I do not want to give you a final opinion on this, but this is what I believe to be true, based on what I have learnt in the process of drafting this law and based on its adoption by Parliament’, Victor Ciorbea said.
The Chamber of Deputies adopted on Wednesday with 187 votes in favour, 12 against and 22 abstentions the draft law on the processing of personal information and protection of privacy in the electronic communications sector. The law will be referred to the president for promulgation.
The leaders of political parties agreed on the draft during talks at Cotroceni in May. The only one who raised objections during the debates in Parliament was the representative of UDMR.
The law may be challenged in the Constitutional Court by a minimum of 50 deputies or 25 senators, by the president of the republic, by the speaker of Chamber, Government or the Ombudsman.
The normative act provides that traffic information regarding the subscribers or users, processed and stored by the provider of a public electronic communications network or by the provider of an electronic communications service meant for the public must be erased or made anonymous when it is no longer necessary for transmitting a communication, but not later than three years after the date when the communication occurs.
Another important provision in the law is that, upon the request of the courts of law or criminal investigation bodies or state bodies with competence in the area of national defence and security, with the prior authorisation of a judge established under the law, the providers of public networks of communications in electronic networks meant for the public shall immediately made available to those, but no later than after 48 hours, the traffic data, the equipment identification date and localisation data, according to the legal provisions on the protection of personal information.

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