On the 8^th of July 2014, the Romanian Constitutional Court declared, by unanimous vote, unconstitutional the provisions of Law no. 82/2012 on the retention of the data generated or processed by providers of electronic communication public networks and by providers of electronic communication services intended for the public, as well as the amendment and supplementation of Law no. 506/2004 on the personal data processing and protection of private life in the electronic communication sector.

The decision of the Romanian Constitutional Court concerning the unconstitutionality exception of the provisions of Law no. 82/2012 shall be final, binding and shall be published in the Official Journal of Romania, part I.

In this context, we remind you that, following the decision of the Court of Justice of the European Union of 8^th of April 2014, on the joint cases C-293/12 and C-594/12, it was established that the Directive 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks is invalid, because is infringes the right to privacy and the right to protection of personal data established under the provisions of Articles 7 and 8 of the Charter of Fundamental Rights of the European Union.

Moreover, we underline that the National Supervisory Authority for Personal Data Processing has not approved the proposal of Law no. 82/2012 on the retention of the data generated or processed by providers of electronic communication public networks and by providers of electronic communication services intended for the public, as well as the amendment and supplementation of Law no. 506/2004 on the personal data processing and protection of private life in the electronic communication sector, saying that it infringes the right to privacy enshrined in Article 26 of the Romanian Constitution.

News 7th September 2011

Legal and communication Department