ASPECTE PRIVIND OBŢINEREA DATELOR DE TRAFIC ŞI DE LOCALIZARE PRELUCRATE DE CĂTRE FURNIZORII DE REŢELE PUBLICE DE COMUNICAŢII ORI FURNIZORII DE SERVICII DE COMUNICAŢII ELECTRONICE DESTINATE PUBLICULUI
MATTERS RELATING TO THE ACQUISITION OF TRAFFIC AND LOCALISATION DATA PROCESSED BY PROVIDERS OF PUBLIC COMMUNICATIONS NETWORKS OR PROVIDERS OF PUBLICLY AVAILABLE ELECTRONIC COMMUNICATION SERVICES

Summary/Abstract: The present article is intended as an analysis of the legal subject area relating to the acquisition of traffic and localisation data processed by providers of public communications networks or providers of publicly available electronic communication services in the Romanian criminal law system. In judicial practice, criminal prosecution bodies frequently use this special research method for the investigation of a wide range of crimes, given the fact that, nowadays, almost every person uses an Internet connection and has a mobile terminal, and those who perpetrate criminal acts can also be found among these people. Thus, there is a consistent increase in the possibilities offered by electronic communications, data relating to the use of electronic communications being extremely important in the prevention, investigation, detection and criminal prosecution of offenses. Consequently, I decided to further analyse the provisions comprising the applicable law concerning this special research method by reference to the succession of rules governing the legal instrument internally and concerning the need for compatibility of these rules, as well as the evidentiary method with domestic and international regulations regarding human rights.

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