[Chapter-delegates] Isoc , Eu Directive on data retention and Romanian Law request for comments

[Eduard Tric]

Hi Marta , Thanks for the info, Portugal did their homework just like any other member state. 

What is interesting in Romania is that this law (and implicit the directive ) is unconstitutional.
The Directive 2006/24/EC was made before EU enlargement, Romania never voted for it , so it should be modified. 

As a general rule , any  directive declared unconstitutional by a member state should be modified. 

EU is a union of sovereign states and should never act as a super-state, or it will be "the end of a beautiful friendship" , to mis-quote from Casablanca..
Regards,
Eduard



________________________________
From: Marta Dias <marta at fccn.pt>
To: 'Eduard Tric' <eduard.tric at isoc.ro>; '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 4:15 PM
Subject: RE: [Chapter-delegates] Isoc , Eu Directive on data retention and Romanian Law request for comments


Hi,
In Portugal Law 32/2008, transposes into national law Directive 2006/24/EC of Parliament and the Council of 15 March on the retention of data generated or processed in the context of provision of electronic communications services or of public communications networks. Under this law the operators are required to retain the data for a one year period (from the date of the conclusion of the communication).
Best regards,
Marta M. Dias
ISOC.PT
 
 
From:chapter-delegates-bounces at elists.isoc.org [mailto:chapter-delegates-bounces at elists.isoc.org] On Behalf Of Eduard Tric
Sent: terça-feira, 28 de Junho de 2011 13:51
To: Chapter Delegates; Frederic Donck; Christopher Wilkinson
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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