Oct 112009
 October 11, 2009  Posted by  Court, Laws, Non-U.S., Online, Surveillance

If I’m understanding this article correctly, the Constitutional Court of Romania (CCR) has declared certain provisions of Law 298/2008 on telephone data storage unconstitutional because the law violates articles of the Romanian Constitution. The court considered the matter in a dispute between Orange Romania and the Commissariat for Civil Society (CSC).

The text of the Constitution provides that “the secrecy of letters, telegrams and other postal communications, of telephone calls and other legal means of communication is inviolable”. Under Law 298/2008, communication service operators can provide prosecutors with traffic and localisation data related to services of internet access, email and internet telephony only if criminal proceedings have been initiated in the case for which they require information.