PROTECŢIA DATELOR CU CARACTER PERSONAL ÎN CADRUL PROCESULUI DECIZIONAL ADMINISTRATIV - ÎNTRE NECESITATEA ASIGURĂRII DREPTULUI LA VIAŢĂ PRIVATĂ ŞI NECESITATEA APLICĂRII MĂSURILOR PENTRU ÎNTĂRIREA SECURITĂŢII NAŢIONALE
COMPÉTENCE DES INSTITUTIONS DE ROUMANIE SUR LES MESURES PRÉVENTIVES TENANT COMPTE DES EXIGENCES DE LA CONVENTION EUROPÉENNE DES DROITS DE L'HOMME

Summary/Abstract: The individuals right to private life is always brought to discussion whenever a new legislative initiative is conceived in the context of the authorities’ desire to strengthen the national security by taking measures which limit the rights and the freedoms of the citizens, especially the right to communicate freely, as it is defined by the Romanian Constitution. Following the terror act committed on July 2012 in Burgas, Bulgaria, The Romanian Supreme Council of National Defense asked for the changing of the Government Emergency Ordinance no. 111/2011 regarding the electronic communications by inserting the obligation of the mobile phone operators to ask for and to stock in a database the personal data of the pre-pay cards owners, which resulted in lively debates in Romanian mass-media on the grounds of violating the right for a private life by limiting the right of using anonymously the electronic means of communication.In this context when governmental institutions wish for the tightening of the legislation and the NGOs draw attention upon the international treaties regarding the matter, the National Authority for Data Protection may represent the equilibrium factor at the institutional level, by watching for the mobile phone operators and the concerned public institutions to abide by the national and European procedures in this case but also by informing the citizens about the rights they have regarding this matter.

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