President Iohannis promulgates Big Brother law

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President Klaus Iohannis on Friday promulgated the Big Brother law passed by the Chamber of Deputies on September 23 with 187 votes in favor, 12 against and 22 abstentions.

The law on personal data and private life protection was agreed on by the leaders of the parliamentary parties following consultations held at the Cotroceni Palace in May.

The law stipulates that the traffic data regarding the users and subscribers processed and stored by the provider of a public electronic communication network or by the supplier should be deleted or turned into anonymous data when they do not serve anymore to a communication delivery, but no later than three years since the communication.

However the most important and challenged provision sets that at the court’s or prosecution’s request or when the national defense and securities bodies are asking and with the preliminary authorization granted by a judge, the electronic communication suppliers must immediately provide these entities with the traffic data, the ID of the equipment and localization information, but no later than 48 hours.

Several drafts of the Big Brother law have been tabled since 2009, but the Constitutional Court of Romania has constantly rejected them on the ground they break the individual right and liberties.

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