NECONSTITUŢIONALITATEA DISPOZIŢIILOR PRIVIND REŢINEREA DATELOR GENERATE SAU PRELUCRATE DE FURNIZORII DE REŢELE PUBLICE DE COMUNICAŢII ELECTRONICE ŞI DE FURNIZORII DE SERVICII DE COMUNICAŢII ELECTRONICE DESTINATE PUBLICULUI
UNCONSTITUTIONALITY OF THE PROVISIONS CONCERNING THE RETENTION OF DATA GENERATED OR PROCESSED BY PROVIDERS OF PUBLIC ELECTRONIC COMMUNICATION NETWORKS AND PROVIDERS OF PUBLIC ELECTRONIC COMMUNICATIONS SERVICES

Summary/Abstract: The provisions governing how to obtain data generated or processed by providers of public electronic communications networks or providers of publicly available electronic communications expressed the Constitutional Court. We find that highly motivating decisions of the Constitutional Court regarding the unconstitutionality of Law no. 82/2012 and Law on cyber security grounds resemble the EU Court of Justice, which overturned Directive 2006/24 / EC for failure by the minimum requirements so that persons whose data are have retained sufficient guarantees to enable the protection of their personal data against the risk of abuse and against all misuse of such data.

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