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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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