Financial Crime World

Romania’s Measures to Combat Cybercrime

Introduction

In an effort to combat cybercrime, Romania has implemented various measures to track and trace online activities. These measures aim to ensure the protection of fundamental human rights and freedoms while also ensuring the privacy and security of its citizens.

Monitoring and Tracking Online Activities

Romania’s measures to monitor and track online activities include:

  • Obtaining data regarding financial transactions of individuals
  • Withholding, delivery or search of mail deliveries
  • Use of undercover investigators and informants
  • Authorized participation in specific activities
  • Controlled delivery
  • Obtaining traffic and location data processed by providers of public electronic communication networks or by providers of electronic communication services intended for the public

Additionally, Romania has also implemented various technical devices to monitor and track online activities. These include:

Technical Devices

  • Preservation of computer data (Art. 154)
  • Computer search (Art. 168)
  • Production order (Art. 170)

Criminal Reform

Romania’s criminal reform aims at adjusting its legislation in criminal matters to the exigencies and requirements of:

  • The European Convention for the Protection of Human Rights and Fundamental Freedoms
  • The GDPR
  • Other relevant international and community instruments

Constitutional Guarantees

The Romanian Constitution guarantees a series of fundamental human rights and freedoms, including:

Right to Privacy

  • Art. 26 - The intimate, family and private life
  • Art. 27 - Inviolability of domicile
  • Art. 28 - Secrecy of correspondence

Freedom of Expression

  • Art. 30 - Freedom of expression
  • Art. 31 - The right to information

Protection of Rights

To ensure the protection of these rights, Romania has implemented measures to monitor and track online activities while also ensuring the privacy and security of its citizens.

Service for Combating Cybercrime

Romania’s Service for Combating Cybercrime is a specialized structure that deals with the most severe forms of cybercrime or associated crimes with the activities of a criminal organized group. The service works closely with the General Inspectorate of the Romanian Police (GIRP) - Directorate for Countering Organized Criminality to prevent, investigate and prosecute cybercrime.

24/7 Point of Contact

Romania has also established a 24/7 point of contact to assist in executing MLA requests for cybercrime cases. These requests are executed based on the law on international judicial cooperation in criminal matters (Law no. 302/2004) and the provisions of the Law no. 161/2003 (Chapter 5).

High Court of Cassation and Justice

The High Court of Cassation and Justice has also examined the appeal in the interest of the law formulated by the Prosecutor’s Office attached to the High Court of Cassation and Justice, establishing a unitary interpretation and application of the law.

Sources