Telephony operators compelled to store calls data, for 6 months

The Law stipulates the obligation of the service and public electronic communication networks suppliers to store certain data generated or processed within their supply activity in order to provide them to the relevant authorities investigating, discovering or following serious crimes.

The law is enacted only for the traffic data or those spotting individuals and juristic persons as well as related data required to identify a subscriber or a user.

The law is not enforceable on the communication contents or the information searched on line.

Thus, all the landline and mobile telephony operators of Romania must store, for six months, the incoming and the outgoing call numbers, the subscriber's address, where the called number is located and when the outgoing call is made and how long it takes. Registered will be the international identity of the caller and the called, for the international calls, and the cell wherefrom the service is activated will be identified.

The same obligations are enforceable in case of the SMSs

According to the law, the electronic communications suppliers must create, and manage on their own money, a database storing such data, for 6 months, starting the time they are notified.

Emails and e-calls suppliers have, starting on March 15, 2009, to store data on wherefrom the email is sent, the date and hour the subscriber accesses the internet, to whom the email is sent, the subscriber's IP address, name and postal address, for six months.

When the due storage time ends, all the data stored in accordance with the Law, except the data provided to and kept by the relevant authorities, must be automatically and irreversibly deleted.

The Law stipulates that all the recorded information must be put at the disposal of the prosecutors, based on an application to be signed by the court's president incumbent to judge the case, if the information points to the fact that a serious offence is in progress.

The National Surveillance Authority for Personal Data Processing (ANSPDCP) is the authority competent to monitor the enactment of the Law.

The intentional prevention of supplying data to the competent authorities is a crime liable to 6 months-1 year jail.

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