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- the photo concerned was found online, on news sites that promoted the protests
throughout the country, being used by several publications in different articles related to such
events in the public space, not being processed and transformed in any way.
- moreover, the photo was posted on a social network as of September 8, 2013.
The Bistrita-Năsăud County Gendarmes Inspectorate considers that as long as the
young woman was in the public space, at a public manifestation, holding a megaphone, one
cannot discuss the failure to respect the person's intimate or private life, as it follows that the
intention was to make herself heard and seen by as large an audience as possible.
Also, we are informed that when the young woman expressed her dissatisfaction on
the social network, at the level of the County Gendarmes Inspectorate Bistrița-Năsăud, steps
were taken in order to amicably resolve this misunderstanding, by stopping the distribution of
these leaflets, respectively avoiding such situations in the future.
The People's Advocate found that the photograph in question, instead of presenting
general images with those in a public protest, focused the image on a certain person, whose
face was recognizable.
Even if the person wanted to be seen and heard by a large group of people attending a
public event at that time, this means that the young person wanted to be heard by those present
there, and it cannot be assumed that she consented to the use of her image in a public
information campaign regarding the role and general duties of the Romanian Gendarmerie
and which are the obligations of the participants during the public meetings. According to the
legal regulations in force, photographs are subject to the definition of biometric data.
As a result of the problems identified, the People's Advocate issued Recommendation
no. 18/2019. The Inspectorate of County Gendarmes Bistrița-Năsăud accepted the
recommendation, communicating the following:
- the responsible staff within the institution trained all the staff on the provisions of
Regulation (EU) 2016/679.
- the person responsible for the protection of personal data will carry out periodic
trainings on compliance with the legislation in the field of personal data protection and will
permanently monitor the compliance with Regulation (EU) 2016/679, as well as other
provisions of EU law or national law regarding data protection.
File no. 173/2018 The Public Community Service for Driving Licenses and
Registration of Vehicles within the Prefect Institution of Brasov County (S.P.C.R.P.C.Î.V.
Brașov) notified the Territorial Office of Brasov, requesting a point of view regarding the
legal possibilities that allow the presence of a neutral witness during the theoretical test for
driving license taken by a person suffering from the medical conditions of dyslexia and
dysgraphia and the initiation, consequently, of a working procedure that regulates exceptional
situations.
In this regard, S.P.C.R.P.C.Î.V. Brasov addressed the Direction for Driving Licenses
and Registration of Vehicles, but from the answer of this institution it has been concluded that
such a procedure is not regulated by the legal provisions in force and, as a result, it cannot be
applied. S.P.C.R.P.C.Î.V. Brașov faced this situation concretely, when a person requested
them to identify a solution that would allow him to take the theoretical test obtaining the
driving license in the context in which he suffers from dyslexia and dysgraphia.
The Brasov Territorial Office has made numerous written requests to the Direction for
Driving Licenses and Registration of Vehicles and the Ministry of Internal Affairs.
Subsequently, the People's Advocate issued Recommendation no. 65/2019.
The Direction for Driving Licenses and Registration of Vehicles informed us that, at
the level of the Ministry of Internal Affairs, was initiated the procedure for amending Order
PEOPLE’S ADVOCATE
ANNUAL REPORT 2019
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