Legal framework
Law no. 677/2001
The right to an intimate, family and private life is part of the category of fundamental rights and freedom, and its content refers in a generic way to the right of the person of not having disclosed, without his/her consent, his/her real name, address, age, family situation, the way of spending his/her spare time, habits, etc..
Law no. 677/2001 for the protection of persons regarding the personal data processing and the free use of these data represents the normative act regulating this field in Romania and through which it was transposed the acquis represented by Directive 95/46/EC, which regulates the general legal framework regarding the protection of personal data at the level of the European Union.
The application field of Law no. 677/2001 is represented by the personal data processing, performed through automatic and/or manual means, which are part of a record system or are intended to be included in such a system.
The National Authority for the Supervision of the Personal Data Processing is a public authority with legal personality, autonomous and independent to any other public authority, as well as to any other natural or legal person in the private field, which monitors and controls, in total legitimacy, the personal data processing subject to Law no. 677/2001.
The legitimacy condition regarding the processing is represented by the existence of the consent of the concerned person, so that the personal data processing cannot be performed unless the concerned person has given his/her express and clear consent, except for the cases clearly stipulated by the law.
As a guarantee for the achievement of the stated purpose of the framework law, the rights of the concerned person have been expressly stipulated by the legislator:
- the right to information (art. 12);
- the right to the data access (art. 13);
- the right to intervene over the data (art. 14);
- the right to opposition (art. 15);
- the right of not being submitted to an individual decision (art. 17);
- the right to go to law (art. 18).
