27 necessary to respect the right of the accused to be informed about the accusation and, on the other hand, the establishment of the protection measures ensures the observance of the rights of the injured persons regarding the protection of personal data. Thus, with the limitations provided by law in cases where measures are needed to protect the injured person, the existence in the criminal files of the information regarding the personal numerical code, and in general of the identification data of the injured person, does not contravene the legal provisions. Also, the access to the criminal files of a court is not unlimited, but is made only with the observance of the provisions of Art. 94 of the Criminal Procedure Code, as subsequently amended and supplemented, which regulates the right to consult the file by the main parties and subjects in the files. With regard to the deeds of ownership and the bank statements, they constitute means of proof, the consultation of which cannot be forbidden to the defendant without infringing the right of defense provided by Art. 10 of Law no. 135/2010, as subsequently amended and supplemented. Obviously, also these documents, insofar as they contain identity data of persons for whom was established a protection measure under the conditions of Art. 113 of Law no. 135/2010, as subsequently amended and supplemented, shall be anonymized. In conclusion, the processing by the courts of personal data, respectively of the personal numerical code, processing that also implies the communication to the defendant of the documents containing these data, is provided by law and in accordance with Regulation (EU) 2010/679 of the European Parliament and of the Council of April27, 2016. At the same time, the National Supervisory Authority for the Processing of Personal Data communicated that according to Art. 55 paragraph (3) of the General Regulation on data protection, in data processing operations performed by the courts acting in the exercise of their judicial function, “the supervisory authorities are not competent to supervise the processing operations of the courts acting in the exercise of their judicial function.” Also, besides the activity specific to the department, were drafted points of view - at the request of the Constitutional Court - on some exceptions of unconstitutionality invoked in cases pending before the courts. The representatives of the department – 8 counselors – also carried out activities that exceed the resolution of the petitions, respectively: hearings and call center, the representation of the institution at various internal and international events, activities regarding integrity (ethics counselor, person responsible for implementing the provisions regarding the declarations of wealth and the declarations of interests, according to Law no. 176/2010 on integrity in the exercise of public functions and dignities, for the modification and completion of Law no. 144/2007 regarding the establishment, organization and functioning of the National Integrity Agency, as well as for the modification and completion of other normative acts), activities related to ORNISS, formulating opinions regarding draft normative acts. PEOPLE’S ADVOCATE ANNUAL REPORT 2019

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