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Romanian Supervisory Authority for Personal Data Processing

Contents:
  1. Legal grounds for the protection of personal data in the national legislation
  2. The status and the legal position of national DPA
  3. The legal rights and the limitations of the national DPA
  4. Contact information
1) Legal grounds for the protection of personal data in the national legislation:

Pursuant to Article 1 (1) of Law no. 102/2005 on the set up, organisation and functioning of the National Supervisory Authority for Personal Data Processing, republished, Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal (National Supervisory Authority for Personal Data Processing) is set up as a public authority, autonomous and independent in relation with any other public authority, as well as any natural or legal person from the private sector, exercising the tasks it has been invested with by the legal provisions from the data protection field and the free movement of these data.

Furthermore, Article 1 (2) of Law no. 102/2005 states that the National Supervisory Authority for Personal Data Processing aims at protecting the fundamental human rights and liberties of the natural persons, in particular the right to private and family life, with regard to personal data processing and free movement of these data.

Moreover, according to Article 1 (3) of Law no. 102/2005, the competences of the National Supervisory Authority for Personal Data Processing are mainly regulated by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), published in the Official Journal of European Union, series L, no. 119 of 4 May 2016, and by the national legislation of transposing Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, published in the Official Journal of European Union, series L, no. 119 of 4 of May 2016.

Also, Article 15 (1) of Law no. 102/2005 provides that the main contravention sanctions applied by the national supervisory authority, according to Article 58 (2) letters b) and i) of the General Data Protection Regulation are the warning and the fine. The fine is imposed according to Article 83 of the General Data Protection Regulation.

2) The status and the legal position of national DPA:

Article 2 of Law no. 102/2005 provides that the National Supervisory Authority for Personal Data Processing exercises its powers in a transparent and impartial manner. While performing its duties, the National Supervisory Authority for Personal Data Processing may not substitute to the public authorities. The National Supervisory Authority for Personal Data Processing shall not be subject to any imperative or representative mandate, shall remain free from external influence, whether direct or indirect, or to any instructions or dispositions from external party in the performance of its tasks and the exercise of its powers.

3) The legal rights and the limitations of the national DPA:

Pursuant to Article 2, Regulation (UE) 2016/679 applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system. This Regulation does not apply to the processing of personal data:

  1. in the in the course of an activity which falls outside the scope of Union law;
  2. by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU;
  3. by a natural person in the course of a purely personal or household activity;
  4. by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.


4) Contact information

NATIONAL SUPERVISORY AUTHORITY FOR PERSONAL DATA PROCESSING
28-30 Gheorghe Magheru Boulevard, 5th floor, 010336,
Bucharest, Romania

Phone: +40 31 805 9211
Fax: +40 31 805 9602
e-mail: anspdcp@dataprotection.ro; dpo@dataprotection.ro
www.dataprotection.ro


  The administrator of this web site is:
Personal Data Protection Office
ul. Stawki 2; PL-00-193 Warszawa
Phone: +48 (22) 531 03 00, Fax: +48 (22) 531 03 01, e-mail: kancelaria@uodo.gov.pl