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Non-governmental media organisations are worried about the actions of the National Center for Personal Data Protection (NCPDP) that requires media representatives to reveal the means of obtaining certain information used in their journalistic materials.
Thus, Ziarul de Garda published the ‘Partidul “Șor”, lider la capitolul venituri și cheltuieli. Cine sunt principalii donatori care finanțează campania electorală’ (‘Sor’ Party – Leader in Revenues and Expenses. Who are the Main Donors Funding the Election Campaign) material on 1 June 2018, referring to the financial statements this political party submitted to the Central Election Commission, as well as to other unnamed sources. Later, on 15 June the publication received a letter from the NCPDP with the request to ‘... specify the means of data varifications...’
The authors of the letter substantiated their requested by Article 20(1)(a) of Law on Personal Data Protection, which stipulates that the Centre has to monitor the compliance with laws on information protection and to control their application, particularly when it comes to the right to information, to access to information, to intervention in the data and to objection.
Media NGOs remind CNPDCP that according to Article 14 of the Broadcasting Code, ‘confidentiality of the information sources (...) is guaranteed by the law, while any journalist (...) is allowed not to reveal the data that could help identify the source of information obtained in direct connection with his or her professional activity.’
Moreover, Article 13 of Law on Freedom of Expression stipulates that a criminal prosecution body or a court can obligate a person to reveal the information source only within a criminal trial, in cases of extremely or exceptionally severe crimes, as a last resort.
We recommend the NCPDP as the authority responsible for protecting the interests and private life of the citizens, not to misinterpret the legislation thus depriving the journalists of their fundamental right to protection of sources and to free fulfillment of their mission, and the citizens – from their fundamental right to freedom of expression and of thought.
We demand from the NCPDP not to abuse its legal powers and not to hinder the activity of journalists and media outlets, considering that such requests towards independent or investigating publications could be interpreted as arbitrary ones or aimed at inducing self-censorship/reducing the freedom of expression.
Independent Journalism Center
Association of Independent Press
Association of Electronic Press
Center for Investigative Journalism
Press Freedom Committee
Association of Independent TV Journalists
‘Access-info’ Center
