[Chapter-delegates] a bit more info in english Re: Isoc , Eu Directive on data retention and Romanian Law request for comments

[Eduard Tric]

http://translate.google.com/translate?js=n&prev=_t&hl=ro&ie=UTF-8&layout=2&eotf=1&sl=auto&tl=en&u=http%3A%2F%2Fwww.mcsi.ro%2FMinister%2FComunicate-de-presa%2FMCSI-lanseaza-spre-consultare-publica-proiectul-de 

..or any other language, change language  in Google translate


Bucharest, June 23, 2011. Ministry of Communications and Information (MCIS) is launching for public consultation 're keeping Bill on data generated or processed by providers of publicly available electronic communications services or of public communications networks ".
 
Draft law aims to regulate the obligation of national service providers and public electronic communications networks to retain certain data generated or processed in their work of providing electronic communications services, making them available to competent authorities for use in research, discovery and prosecution of serious crimes.
Given the importance of traffic and location data for the investigation, detection and prosecution of crimes, as demonstrated by research and practical experience of several Member States, in Europe felt the need to ensure that data generated or processed in the providing communications services are retained for a certain period, the providers of publicly available electronic communications or public communications networks.
Consequently, on 15 March 2006 was adopted Directive 2006/24/EC on the retention of data generated or processed in the course of providing publicly available electronic communications services or of public communications networks and amending Directive 2002/58 / EC. Directive 2006/24/EC requires that providers of publicly available electronic communications or public communications networks to ensure the creation of databases for storage, for a period of time between 6 and 24 months, subject the Directive and the transposition deadline was 15 September 2007.
Romania's Parliament adopted on 18 November 2008 Law. 298 on the retention of data generated or processed by providers of publicly available electronic communications services or of public communications networks and amending Law no. 506/2004 regarding personal data and privacy in electronic communications sector.
Subsequently, on 8 October 2009, the Romanian Constitutional Court found, by decision no.1258, that the provisions of Law no. 298/2008 are unconstitutional, the law is repealed.
Promote this legislation aims on the one hand the implementation of Directive 2006/24/EC, and compliance with the decision of the Constitutional Court of Romania no. 1258 of 8 October 2009.
Given the importance of the normative act, MCSI will hold public consultations with civil society representatives, businesses and institutions responsible.
For more information on the bill please visit http://www.mcsi.ro/Transparenta-decizionala
Observations and proposals may be submitted within 30 days, the Legal and Human Resources Directorate at the following e-mail: lucian.banu @ mcsi.ro ; virginia.misu @ mcsi.ro .
Department of Public Information and Media Relations of the Ministry of Communications and Information 



________________________________
From: Eduard Tric <eduard.tric at isoc.ro>
To: Chapter Delegates <chapter-delegates at elists.isoc.org>; Frederic Donck <donck at isoc.org>; Christopher Wilkinson <cw at christopherwilkinson.eu>
Sent: Tuesday, June 28, 2011 3:50 PM
Subject: [Chapter-delegates] Isoc , Eu Directive on data retention and Romanian Law request for comments


As you probably know , the Romanian Constitutional Court has declared in 2009  Unconstitional the Romanian  transposition of the Eu Directive on Data retention (romanian law 298/2008). As a reminder , this directive asked to retain for 6 months (expenses paid by the operators ) any telecommunication data, including and not limited also to internet data.


Now the romanian government decided to have a more open approach , and are asking for input from civil society. We have 2-3 weeks to make an answer that is compliant to the Directive AND to the Constitutional court decision.

We would be  happy to take on our side input from other chapters, Isoc ECC,  Isoc HQ and European Bureau.


. As it is unlikey that in Romania other organisations will respond , we see this as an opportunity for ISOC , especially in preparation for  the Inet in Bucharest but also to mark a point and help to change this unuseful directive into a more citzien-oriented one. It's gonna be our first public policy-making position, so we want to be as accurate as possible.


Regards,
Eduard Tric

References :
http://www.mcsi.ro/Transparenta-decizionala
http://www.mcsi.ro/Transparenta-decizionala/24/ProiectRetinereaDatelor
http://www.mcsi.ro/Transparenta-decizionala/24/ExpunereMotive
Eu Directive 2006/24/CE with modification on 2002/58/CE  http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006L0024:EN:HTML 

romanian law 298/2008  http://www.legi-internet.ro/legislatie-itc/date-cu-caracter-personal/legea-2982008-privind-pastrarea-datelor-de-trafic-informational.html 


Eu commision letter from 16-th of June 2011 reminding the necessity of transponding the directive  2006/24/CE 



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