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reduction of the suspension period to 30 days, because the deed was committed prior to the
entry into force of Law no. 130/2019.
File no. 12840/2019 The petitioner complained that his right to education had been
violated, by the fact that, on November 29, 2018, his transfer was ordered from the Poarta
Albă Penitentiary to the Braila Penitentiary for the continuation of studies (school years XIXII), but after the completion of the class XI, he was sent to Tulcea Prison.
Following the steps taken, the National Administration of Penitentiaries approved the
transfer of the petitioner from Tulcea Penitentiary back to Braila Penitentiary, in order to
continue his studies.
File no. 14220/2019 The petitioner complained that on August 13, 2019, he called the
112 Emergency Service, requesting the help of the Police and Ambulance, because his uncle
destroyed the walls of the apartment. The complainant also mentioned that the 2 police officers
who came after his call behaved abusively.
Following the steps taken, the General Inspectorate of the Romanian Police informed
us that the verifications carried out by the Internal Control Directorate established that at the
level of the Police of Sector 2 Bucharest, investigations are being carried out in the criminal
file of September 9, 2019, aiming at the possible commission of the crime of abusive behavior
by to two agents from Section no. 9 Police.
File no. 11717/2019 The complainant notified us that the judicial bodies don’t protect
the personal data of the citizens who have or have had the quality of party in civil or criminal
cases.
For the resolution of the petition, steps were taken at the National Supervisory
Authority for the Processing of Personal Data and the Superior Council of Magistracy. The
latter informed us that the indication of the personal numerical code in the writ of summons
is an obligation established in Art. 194 para. (1) lit. a) of the Civil Procedure Code and that
the provisions of Art. 425 para. (1) lit. c) of the Code of civil procedure require its indication
in the court decision.
The fact of communicating to the defendant a copy of the writ of summons, which
contains the plaintiff‘s personal numeric code, is not relevant as long as the file can be
consulted at any time by the defendant, and this identification code is also found in the writ
of summons contained in the file; the consultation of the court file, where the case is being
judged in public hearing, can only be done by the person who proves an interest, with the
approval of the person who coordinates the archive compartment, based on a request
containing the identification data of the applicant, therefore, access to the personal data of the
parties in the files, respectively to the personal numeric code, is not unrestricted.
It was concluded that the processing by the courts of the personal numerical code of
the parties in the files is legal, being in accordance with the provisions of Regulation (EU)
2016/679 and those of the national legislation regulating the civil procedure.
As regards the copy of the deed of ownership and the bank statement, these represent
means of proof within the meaning of Art. 250 of the Civil Procedure Code, republished. If
the purpose of proving a legal act or fact is sought by submitting the deed of ownership or the
bank statement, it can be submitted anonymously insofar as it contains personal data of third
parties or data of the parties that are not necessary to resolve the case.
In criminal cases, the Code of Criminal Procedure contains regulations that protect the
identity of the injured person, of a party in the criminal case or third parties in the trial as
witnesses or experts.
With regard to these legal provisions, it was appreciated that, on the one hand, the
correct identification of the injured person and the civil party in a criminal trial is absolutely
PEOPLE’S ADVOCATE
ANNUAL REPORT 2019
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