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Рy30 November 2018
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On its last day of full mandate, the Parliament voted the draft new Law on Personal Data Protection, previously criticized by civil society. However, Speaker Andrian Candu claims that the document will be publicly debated and adopted in final reading by the future Parliament.
Sergiu Sarbu, PDM MP and one of the authors, said that the draft had been developed to align the national law with the new provisions of the European law, in force since May. He added that the new law aimed at removing the loopholes in the current law and made a number of clarifications and addenda that take into account the technological development too.
However, media NGOs launched a public call few days ago expressing their concern that certain rules of the draft will make it harder for journalists to access personal data. ‘Article 12(3) of this legislative initiative states that journalists shall justify the public interest when requesting for journalistic purposes information containing personal data. When accessing this type of data, a journalist is required to observe a number of conditions that are not clearly, explicitly and coherently formulated. For instance, the draft law requires the observance for one’s right to personal data protection and, at the same time, of the condition that the data subject should have no interests to be protected, and of the condition that ‘subject guarantees are not affected, and physical and mental security are not endangered’ – which is a doubling of the legal requirements for journalists’, the call mentioned.
Eduard Raducanu, Director of the National Center for Personal Data Protection (NCPDP), claims that journalists will have access to personal data, but under certain conditions. ‘A journalist will have access to information if it’s necessary for his/her investigation, taking into account the balance between the right to privacy, the right to information and the access to information. All those involved in this process will have full rights to obtain the needed information’, Raducanu declared.
Andrian Candu acknowledged that he received concerns about certain provisions of the draft from both civil society and the EU Delegation, indicating that they do not fully comply with the EU directive. He argued that the Parliament hurries to adopt this draft in the first reading in order for the latter not to lose its ‘legislative validity’, and assured that public debates will then be organised and amendments introduced ‘so that these laws fully comply with the EU directives’. The Speaker said that the future Parliament would adopt the new law in the second reading.
Liberal MP Roman Botan required that both EU law and the concerns of civil society be taken into account. ‘It’s obvious that the efforts to improve the Law on Personal Data Protection should aim to align it with the European directives and all voices in this regard, including of the civil society, must be heard’, Botan declared.
At the same session, the MPs also voted in the first reading the new Law on NCPDP, which establishes the status, rights, and obligations of the regulator. Also, according to the document, the Center will employ data protection inspectors to check and monitor the observance of the law.
Sergiu Sarbu, PDM MP and one of the authors, said that the draft had been developed to align the national law with the new provisions of the European law, in force since May. He added that the new law aimed at removing the loopholes in the current law and made a number of clarifications and addenda that take into account the technological development too.
However, media NGOs launched a public call few days ago expressing their concern that certain rules of the draft will make it harder for journalists to access personal data. ‘Article 12(3) of this legislative initiative states that journalists shall justify the public interest when requesting for journalistic purposes information containing personal data. When accessing this type of data, a journalist is required to observe a number of conditions that are not clearly, explicitly and coherently formulated. For instance, the draft law requires the observance for one’s right to personal data protection and, at the same time, of the condition that the data subject should have no interests to be protected, and of the condition that ‘subject guarantees are not affected, and physical and mental security are not endangered’ – which is a doubling of the legal requirements for journalists’, the call mentioned.
Eduard Raducanu, Director of the National Center for Personal Data Protection (NCPDP), claims that journalists will have access to personal data, but under certain conditions. ‘A journalist will have access to information if it’s necessary for his/her investigation, taking into account the balance between the right to privacy, the right to information and the access to information. All those involved in this process will have full rights to obtain the needed information’, Raducanu declared.
Andrian Candu acknowledged that he received concerns about certain provisions of the draft from both civil society and the EU Delegation, indicating that they do not fully comply with the EU directive. He argued that the Parliament hurries to adopt this draft in the first reading in order for the latter not to lose its ‘legislative validity’, and assured that public debates will then be organised and amendments introduced ‘so that these laws fully comply with the EU directives’. The Speaker said that the future Parliament would adopt the new law in the second reading.
Liberal MP Roman Botan required that both EU law and the concerns of civil society be taken into account. ‘It’s obvious that the efforts to improve the Law on Personal Data Protection should aim to align it with the European directives and all voices in this regard, including of the civil society, must be heard’, Botan declared.
At the same session, the MPs also voted in the first reading the new Law on NCPDP, which establishes the status, rights, and obligations of the regulator. Also, according to the document, the Center will employ data protection inspectors to check and monitor the observance of the law.
