In 2014, the courts pronounced positive irrevocable decisions for the National Supervisory Authority for Personal Data Processing within the matters referred to the court of law.

As follows:

1. Iaşi Court of Appeal rejected the complaint lodged by the Ghergheşti City Hall (Vaslui county) against the report of the findings concluded by the National Supervisory Authority for Personal Data Processing, whereby it was noted the following offences:

failure to notify, provided by Article 31 of Law no. 677/2001,

illegal processing of personal data, provided by Article 32 of Law no. 677/2001,

concerning the installation and usage of a video surveillance system within Ghergheşti City Hall.

Iaşi Court of Appeal noted that the right to privacy of the employees was infringed.

2. Through an irrevocable decision, Bucharest Court of Appeal rejected the complaint lodged by the Superior Council of Magistracy against the findings of the National Supervisory Authority for Personal Data Processing through which it was noted the infringement of the right of intervention of a magistrate in relation with the Superior Council of Magistracy

Thus, our institution retained the non-observance of the provisions of Article 14 (3) of Law no. 677/2001 because the Superior Council of Magistracy has not responded the request of a magistrate concerning the deletion of his personal data (references to the personality and behaviour characteristics) from the judicial Inspection Report, posted on the website of SCM under the conditions where the public disclosure of that report is likely to prejudice the privacy of that person.

3. Suceava Court of Appeal rejected the complaint submitted by Botoşani Sanitary-Veterinary and Food Safety Direction against the report of the findings of the National Supervisory Authority for Personal Data Processing, whereby it was noted the following offences:

illegal processing of personal data, provided by Article 32 of Law no. 677/2001, because the personal data of a petitioner were disclosed without his consent, by infringing the provisions of Article 5 (1) of Law no, 677/2001,

illegal processing of personal data, provided by Article 32 of Law no. 677/2001, as a consequence of the non-observance of the right of intervention provided by Article 14 of Law no. 677/2001 because no answer was sent to the petitioner within the legal period of time of 15 days.

Through an irrevocable decision, the sanctions applied by the National Supervisory Authority for Personal Data Processing were kept.

Legal and communication department

22nd of October 2014