Legislația privind camerele video portabile ale poliției locale. Analiză doctrinară a compatibilității cu dreptul european
Romanian legislation on body-worn cameras used by the Municipal Police. A doctrinal analysis of compatibility with European Union law

Summary/Abstract: In the Official Gazette of Romania, no. 27 of 15 January 2026, an amendment to Local Police Law no. 155/2010 was published. This amendment introduces a new chapter regarding the use of portable photo–audio–video recording devices and the protection of personal data. The legislative change occurred against the background of numerous complaints submitted by citizens to the National Supervisory Authority for Personal Data Processing (ANSPDCP) concerning the unlawful use of body-worn cameras by the local police authorities. ANSPDCP explained that Local Police Law no. 155/2010, as subsequently amended and supplemented, did not contain any explicit legal provision regarding the use of audio-video surveillance devices.In order to remedy this legislative gap, Law no. 155/2010 was amended to allow local police officers to wear audio-video devices. This article analyses the compatibility of this law with the primary legislation of the European Union - the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union - as well as with EU secondary legislation, in particular the GDPR.The subject matter of this study concerns the compatibility of this national regulation with European Union law in the field of the protection of personal data and the right to private life. The main research hypothesis is that the provisions of Article 39¹(2) of Law no. 155/2010, which make the obligation to inform data subjects conditional upon the existence of „circumstances that permit”, are contrary to European norms, as they affect the substance of the principle of transparency enshrined in Regulation (EU) 2016/679. A secondary hypothesis addresses the risk that this vague legislative wording may lead to unjustified interference with fundamental rights.The objectives of the study are to identify the conflict between national and European law, to assess the conditions under which the right to be informed may be restricted under Article 23 of the GDPR, and to present possible judicial and legislative remedies. The paper uses a methodology specific to legal research, namely the analysis of legislation, case law, and legal doctrine.The results of the research reveal a conflict between Romanian legislation and EU law. Also, the national law, in its current form, does not comply with the conditions set out in Article 23 of the GDPR for restricting the right to information. From a theoretical perspective, the paper contributes to clarifying the limits within which the state may use modern technologies without affecting the substance of fundamental rights. From a practical perspective, the article provides useful guidance for national courts, public authorities, legal practitioners, and the legislator, emphasising the need for legislative intervention to align domestic law with European standards on the protection of personal data and with the constitutional requirements of the right to private life.

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