Garanții procedurale de protecție a datelor cu caracter personal în cadrul procedeelor probatorii din Republica Moldova și România pentru care normele de procedură penală admit imixtiuni în viața privată
Procedural guarantees for the protection of personal data in the framework of evidentiary procedures in the Republic of Moldova and Romania for which the rules of criminal procedure admit interferences in the private life

Summary/Abstract: The interest in studying the protection of personal data in the criminal trial is developing and will continue as no references have been made or studied over the years except for the protection of personal data in general, not also in the criminal trial, and the emergence of the new legislative framework of the EU, by adopting EU Regulation No 679/2016 and EU Directive No 680/2016, requires new changes to be made and created in the field of criminal trial, in order to fully ensure the protection of personal data of the parties. EU Regulation 679/2016 on data protection, which has been applied in Romania since 25 May 2018, provides an updated legal framework, based on the responsibility for data protection. It aims to create a unified framework for the protection of personal data of the EU citizens, granting them more rights and control facilities than they previously had over their own data and, therefore, more obligations and responsibilities for the organizations that manage the data. There are mainly two aspects of the regulation: the protection of the rights of the persons concerned and the confidentiality of their data. Both aspects have technological implications. In order to cope with the complexity of the types of threats regarding information security and because information security is permanent, an information security management system must be established, implemented and maintained, focusing on the three concepts of information: security/privacy, integrity and availability. EU Regulation 679/2016 is a big step forward in personal data protection legislation. By replacing Directive 95/46/CE, a uniform legislative framework was ensured throughout the EU and beyond, considered less vulnerable to the interpretations of the member states. It brings clear benefits by emphasizing the importance of maintaining limited access to personal data, as well as the importance of personal data in preserving personal integrity and fundamental freedoms. Personal data, although it has and had a fabulous economic potential, could be exploited too easily, which is why the EU wanted to prevent possible abuses by establishing a more restrictive legislative framework. Many data processors have had to revise their consent collection policies and thus the users have had more control over their personal data. Thus it was created the possibility, on the one hand, for citizens to check the way personal data is collected and used, and, on the other hand, for the authorities to control and prevent their use (we consider them of defence for the proper functioning within the criminal prosecution activities). While EU Regulation 679/2016 replaces Directive No 46/1995/CE, the data processing in the segment of crime prevention, criminal prosecution and execution of criminal sanctions is included in Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, in force since May 2016, which has as its regulatory object the protection of natural persons regarding the processing of personal data by the competent authorities for the purpose of preventing, detecting, investigating or prosecuting offences or of executing the penalties and regarding the free circulation of this data. In this sense, special attention must be paid to the connection of the provisions of the Criminal Procedure Code with the new legislative framework, Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA and the General Regulation 2016/679 EU of the European Parliament and of the Council regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation), as they have brought improvements with regard to the regulatory norms and within the application of criminal procedure. The Criminal Procedure Codes, from Romania and the Republic of Moldova, do not expressly provide for the application of the protection of personal data of the parties in the trial, there being shortcomings that can be taken advantage of. In this sense, appropriate technical and organizational measures for the implementation of data protection principles must be implemented, at the same time with the application of the criminal procedure. The application of criminal procedures must also be designed and built taking into account the principles of the regulations in force on the protection of personal data and must provide guarantees for data protection (for example, pseudonymization or anonymization where appropriate), but also to use the highest possible privacy settings by default. We believe that the existence of personal data protection legislation, EU Regulation 679/2016 and EU Directive 680/2016, without clear application rules in the field of criminal procedure, which must fully ensure the protection of the personal data of parties, is not a sufficient one and, therefore, does not correspond to the expectations of a democratic society, which is why this presentation will be a presentation on the identification and implementation of some procedural guarantees for the protection of personal data in the evidentiary procedures for which the rules of criminal procedure admit interferences in the private life. Objectives: - arguing the need to study the identification and implementation of some procedural guarantees for the protection of personal data within the evidentiary procedures for which the rules of criminal procedure admit intrusions into private life; - the analysis of the rules provided by the Criminal Procedure Code of Romania and the Criminal Procedure Code of the Republic of Moldova regarding the study in question; - the identification of the circumstances of violations within the evidentiary procedures of the personal data of the parties, with examples also from the case law. The research results and the theoretical and practical implications of the study. It represents an attempt to analyze the positive and critical aspects, the formulation of the own ideas regarding the identification of some procedural guarantees for the protection of personal data within the evidentiary procedures for which the rules of criminal procedure admit interferences in the private life. On the other hand, practical aspects of the ECHR case law related to violations of the protection of personal data in the criminal trial of the parties were addressed, in order to emphasize its particularities in practice to the legal bodies. The study carried out in this way allows to establish the directions and trends of the procedural-criminal policy promoted in Romania and the Republic of Moldova on the line of ensuring and realizing the right to the protection of personal data within the evidentiary procedures. The theoretical, normative and empirical material was used in the elaboration of this article. Likewise, the research of the respective subject is possible by applying several methods of scientific investigation specific to the theory: the logical method, the method of comparative analysis, the analytical method, the method of sociological research etc. The examination and analysis of the normative framework in the Republic of Moldova and Romania is aimed at the compliance and the implementation of some procedural guarantees for the protection of personal data within the evidentiary procedures for which the norms of criminal procedure allow interferences in the private life.

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