National Anticorruption Directorate (DNA) announced on Friday, in an answer for Mediafax, that it has access to 21 databases, including the Cadaster Agency, in the context of the accusations made by the former Romanian Intelligence Service (SRI) Officer Daniel Dragomir (photo) related to the existence of a protocol concluded between DNA and the Cadastre Agency, which allows the free access to the cadastre data.
“In the last days, a recurrent topic was resumed in the public space, accrediting the idea that the anticorruption prosecutors have access to databases of other public institutions within the administration only as a result of concluding interinstitutional protocols, without a legal basis. Specifically, the legal basis for concluding such documents is Article 267 of the Criminal Procedure Code (The access to electronic databases), which expressly regulates both the right of the prosecutors and the courts to direct access, and the obligation of the institutions managing such databases to cooperate with the judicial bodies in order to provide access to the existing information. Today, according to the above mentioned legal provisions, the National Anticorruption Directorate has access to 21 databases, including the one mentioned by you in the request” is the answer provided by DNA to MEDIAFAX.
The quoted source also mentions that: “the Civil Code regulates the free access of any person to the land book registrations. Thus, according to Art.883 on the analysis of the land book, “any person can analyze any land book and the other documents completing it according to the law, without having to justify an interest. The file containing the documents that led to the land book registrations can be seen by any interested person, in compliance with the legal provisions regarding the processing of personal data and the free movement of such data. Extracts or certified copies, in accordance with the original copy kept in the archives, shall be issued on request”.
The former officer of the Romanian Intelligence Service (SRI) Daniel Dragomir stated that DNA concluded in 2013, after Codruta Kovesi was appointed as the head of the institution, a protocol with the Cadastre and Real Estate Publicity Agency, which he says that allowed the Directorate to have access without a warrant to all the cadastre and notarial data of the Romanians.
According to the document published on the blog entitled Romania 3.0, the object of the protocol “is providing the access of the designed persons within DNA to the data of the integrated computer system for cadaster and real estate publicity, managed by ANCPI, hereinafter referred to as databases, in order to fulfill their specific duties”.
According to the same document, “DNA has direct access to its own database administered by ANCPI; in the event that the information requested by DNA is not found in the above mentioned database, ANCPI will take all due diligence to get the requested information and to communicate them to DNA as soon as they are available. (…) In applying this Protocol, the information obtained by DNA from the databases will be deemed as coming from communications performed by ANCPI for information purposes”.
“Without a warrant from a judge, without even being subject to an open criminal case, DNA had access to ALL of your data, all of your documents. To anything you bought or sold, any house, urban or agricultural land, any bank loan or mortgage registered by the notary. Moreover, we have evidence that DNA also accessed data and documents belonging to European, American, Israeli, Canadian, Australian citizens and to other citizens. Any foreign businessman, any investor must be aware that his real estate data and documents are checked online, even if he has no criminal file in Romania, without any warrant, without any democratic control and without any hearing. The work station installed at DNA NEVER WAS audited. There is no democratic control on the conducted activities and on how the information was used” the former officer claims.
According to Dragomir, data and documents related to the real estates of certain businessmen, people working in Media and politicians, have been checked by this manner.
“Klaus Iohannis, Calin Popescu Tariceanu, Traian Basescu and his family, Liviu Dragnea and his family, Victor Ponta, Vasile Blaga, Eduard Hellvig, Cristian Busoi and others” are the name listed as an example by Daniel Dragomir.
Dragomir replies DNA after the answer to his revelation related to the access to the real estate data of Romanians: Only if it has the magical power to predict the future. The law was not in force
Daniel Dragomir claims that DNA has no legal ground to access the database of the Cadastre Agency, because in 2013, when the Directorate signed the protocol with the Cadastre Agency, the article in the Criminal Procedure Code invoked by the DNA prosecutors was not in force.
“Article 267 of the Criminal Procedure Code invoked in DNA’s answer entered into force on February 1, 2014, therefore a protocol concluded by DNA in 2013 and by ANCPI on January 30, 2014, couldn’t have a legal ground consisting of a legal provision which was not in force at those dates. Only if DNA has the magical power to predict the future. 2. Article 267 of the Criminal Procedure Code is related to the access to the electronic databases ‘in order to perform the summoning procedure, the communication of the procedural acts or taking persons with a warrant in order to perform procedures” Daniel Dragomir claims on Facebook.
The former SRI Officer asks the National Anticorruption Directorate to provide public clarifications.
“I am publicly asking DNA to explain: How this purpose applies to those who have no quality in a criminal case, although the prosecutor makes no difference between people involved in criminal cases and people not involved in such cases? Which is the connection between the summoning/communication procedures of the procedural acts/taking persons with a warrant, and the data on the prices of the transactions, sale-purchase agreements, mortgage agreements, or even information related to real estates – agricultural lands or forests, for instance? Can be procedural acts performed outside the urban areas, in the forest or in the field?” Daniel Dragomir added.
Dragomir mentions that “DNA truncates the presentation” of an article of the Civil Code related to people or institutions who can analyze a land book or other cadastral documents, in compliance with the legal provisions related to personal data processing and the free movement of such data.
“DNA should know that there is a difference between public registrations and the file with the documents behind the registrations. Any citizen has access to the land book extracts, but the access to the file containing, for instance, the sale and purchase agreement or the mortgage agreement, is made only in compliance with the law on the personal data” Dragomir explained.