Consideraţii privind accesul la un sistem informatic ca metodă de supraveghere tehnică (I)
Aspects regarding accessing a computer system as a technical surveillance method

Summary/Abstract: Accessing a computer system is one of the methods of technical surveillance present in the New Criminal Procedure Code, but is in use to a lesser degree than possible, although it has untapped potential in aiding a criminal investigation, and can be essential in investigations of crimes that are committed online. The present study is aimed at discovering the defining characteristics of this surveillance technique, the history of its adaptation, its role in the Romanian criminal trial process, and also its limits due to legislation, or poor understanding by agents of the State. The current state of International Law is discussed and referenced, especially regarding transborder accessing of a computer system, and the situations in which such a process is lawful under International and Romanian Law. Another area of focus is the practical aspects of using this technique, the means that law enforcement agents can use to obtain data, and the implied rules of securing, maintaining, and certifying its authenticity. The study is divided in two parts, the first dealing with general aspects that are fundamental to understanding the nature and the scope of the technique; procedural aspects pertaining to the authorization of accessing a computer system; The second part of the study will be focused on carrying out of the surveillance order and the differences between accessing a computer systems and others means of obtaining evidence such as searching and seizing computer systems or computer data.

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