"Big Brother" law in Romania, declared unconstitutional

The CCR judges declared unconstitutional the Big Brother law. It is the document that provided the information about telephone calls and data traffic to be stored for 6 months by the mobile operators. According to a statement of the Constitutional Court, unanimously, the Court "upheld the objection of unconstitutionality and found that the provisions of Law nr.82/2012 on retention of data generated or processed by providers of public electronic communications networks and service providers publicly available electronic communications and amending and supplementing Law no.506/2004 on the processing of personal data and privacy in the electronic communications are unconstitutional".  

The decision is final and binding and shall be communicated to the two Houses of Parliament and the Government. Under the Constitution, "the provisions of laws and ordinances in force and the regulations declared unconstitutional, ceases legal effects within 45 days of the publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as appropriate, not agree with the unconstitutional provisions of the Constitution. during this period, provisions declared unconstitutional shall be suspended de jure". 

The law requires providers of fixed and mobile telephony or Internet for six months retain certain subscriber data to be sent, upon request, to national safety authorities for the prevention, investigation, detection and prosecution of serious crime. Law on the storage of traffic data and Internet telephony provides that the prosecution had an obligation to inform the person whose data is held within 48 hours from the time of submission of the request, unless the person is involved in the action that endanger national security.