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Romanian Supervisory Authority for Personal Data Processing

Contents:
  1. The legal grounds for personal data protection in Romania
  2. The legal position of the Romanian Supervisory Authority for Personal Data Processing
  3. The legal powers of the Romanian Supervisory Authority for Personal Data Processing
  4. Contact information
1.The legal grounds for personal data protection in Romania

  • Romanian Constitution
  • Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and free movement of such data
  • Law no. 682/2001 for ratification the Convention for the Protection of Individuals with regards to Automatic Processing of Personal Data


Romanian Constitution

Article 26
Personal Data Protection Act
Art. 1
The purpose of this law is to guarantee and protect the individual's fundamental rights and freedoms, especially the right to personal, family and private life, with regard to the processing of personal data.

2. The legal position of the Romanian Supervisory Authority for Personal Data Processing

At 12th of May 2005 entered into force Law no. 102/2005 on the setting up, organization and functioning of the National Supervisory Authority for Personal Data Processing, thus the supervisory authority has become independent as of the 1st of January 2006.
In accordance with the provisions of Article 1 of Law No. 102/2005 the National Supervisory Authority for Personal Data Processing is a public authority with legal attributes, autonomous and independent in relation with any other authority of the public administration, as well as in relation with any other natural or legal person of public or private law, which exercises the legal attributions granted to it in the field of personal data processing and the free movement of such data.
The supervisory authority's President is appointed by the Romanian Senate for a 5 year mandate which may be renewed only once. The posision of the persident is similar to a secretary of state.
The supervisory authority's independence is also ensured through the way it is financed, as the National Supervisory Authority for Personal Data Processing has its own budget, which is part of the State Budget.

3. The legal powers of the Romanian Supervisory Authority for Personal Data Processing

The supervisory authority has monitoring and control powers on the implementation of the provisions of Law 677/2001, pursuant to art. 21 para. 3. In order to exercise its powers, the supervisory authority fulfils the following powers:
  • issues the standard notification forms and its own registers;
  • receives and analyses the notifications concerning the processing of personal data and informs the data controller on the results of the preliminary control;
  • authorizes personal data processing in the situations set out by law;
  • may dispose, if it notices the infringement of the provisions of the present law, temporarily suspending the data processing or ending processing operations, the partial or total deletion of processed data and may notify the criminal prosecution bodies or may file complaints to a court of law;
  • informs the natural or legal persons that work in this field, directly or through their associative bodies on the need to comply with the obligations and to carry out the procedures set out by this law;
  • keeps and makes publicly accessible the personal data processing register;
  • receives and solves petitions, notices or requests from natural persons and communicates their resolution, or, as the case may be, the measures which have been taken;
  • performs investigations -ex officio, or upon requests or notifications;
  • is consulted when legislative drafts regarding the individual's rights and freedoms are being developed, concerning personal data processing;
  • may make proposals on the initiation of legislative drafts or amendments to legislative acts already enforced, in the fields linked to the processing of personal data;
  • collaborates with the public authorities and bodies of the public administration, centralizes and analyzes their yearly activity reports on the protection of individuals with regard to the processing of personal data, issues recommendations and assents on any matter linked to the protection of fundamental rights and freedoms regarding the processing of personal data, on request of any natural person, including the public authorities and bodies of public administration; these recommendations and assents must mention the reasons on which they are based and a copy must be transmitted to the Ministry of Justice; when the recommendation or assent is requested by the law, it must be published in the Official Journal of Romania, Part I;
  • co-operates with similar foreign authorities in order to ensure common assistance, as well as with foreign residents for the purpose of guaranteeing the fundamental rights and freedoms that may be affected through personal data processing;
4. Contact information

Romanian Supervisory Authority for Personal Data Processing
Olari Street, no. 32, 2nd District
Bucharest
Romania

Phone: +4021 252 55 99
Fax: +4021 252 57 57
e-mail: anspdcp@dataprotection.ro
international@dataprotection.ro


  The administrator of this web site is:
Inspector General for the Protection of Personal Data
ul. Stawki 2; PL-00-193 Warszawa
Phone: +48 22 8607081, Fax: +48 22 8607090