Interference Between The Protection Of Personal Data And Contraventional Legislation

• Author: Elena Emilia Stefan
• Pages: 157-163

INTERFERENCE BETWEEN THE PROTECTION OF PERSONAL DATA

AND CONTRAVENTIONAL LEGISLATION

Lecturer Elena Emilia ȘTEFAN1

Abstract

31st July, 2018, Law no. 190/2018 regarding the application measures of the EU Regulation 2016/679 of the

European Parliament and Council from April 27th, 2 016 regarding the private person’s protection concerning the

private data and regarding the free circulation of this data and the 95/46/CE Directive abrogation (General Data

Protection Regulation). In the European Union member States, the activity of checking the legislation regarding the

personal data is done by the institutions or the authorities that are especially founded, to exert these competences. In

Romania this public authority is called the “National Authority of Supervising the Personal Data Processing”. This

study analyses the interference between the personal data protection and th e contraventional law beginning with the

entry into force of the general Regulation regarding the p rotection of the personal data and the imp act of this European

act on the Romanian society. Using scientific methods such as the comparative, deductive, informatic and a lso other

methods, the study aims to highlight the interest of the public a nd private sector to abide to the rules established by the

new general regulation regarding the data protection.

Keywords: personal data, contravention, remediation plan, G.D.P.R., the Nation al Authority of Supervising

the Personal Data.

JEL Classification: K23, K33, K38.

1. Introduction

Six months after the entry into force of the EU Regulation 2016/679 of the European

Parliament and Council from April 27 regarding the individual’s data protection and the free

circulation of this data and the 95/46/CE2 Directive abrogation titled G.D.P.R., in Romania we can

assess the emitted acts for agreeing with this European act.

Taking into account the recent relative European legislation newly entered into force and the

apparition of the national law to apply it, nearly two months from May 25th, 2018, we do not have a

very developed doctrine in this newly formed area, but there are publications of the acts from the

data protection or rare doctrinary studies3. Regarding the national jurisprudence, we mention that

this is also forming under the new regulation auspicious regarding the personal data protection

starting with the year 2018.

The structure of this paper wants to clarify some concepts in the area of the personal

protection data, on one hand, then we will shortly mention the legal frame established by the

national authority in this area regarding the investigations and the complaints procedure, and on the

other hand we will comparatively analyze the new laws, Law no. 190/2018 regarding the

1 Elena Emilia Ștefan - “Nicolae Titulescu” University, Bucharest, Romania, stefanelena@gmail.com.

2 EU Regulation 2016/679 of the European Parliament and Council from April 27, 2016 regarding the private person’s protection

concerning the private data and regarding the free circulation of this data and the 95/46/CE Directive abrogation (the general

Regulation regarding the data protection), document available online https://eur-lex.europa.eu/legal-content/ro/TXT/PDF/?uri=

CELEX:32016R0679, last entry October 1st, 2018.

3 For example, Nicolae Dragoș Ploeșteanu, Vlad Lăcătușu, Darius Farcaș, Personal Protection Data and the private life – ECHR and

EUCJ , Universul Juridic Publishing House, Bucharest, 2018; Andrei Săvescu, Irina Alexe, Daniel Alexie, Raluca Bengescu, Mihai

Buciuman, Sergiu Crețu, Monica Livescu, Gelu Maravela, Alina Matei, Alis Pătlăgeanu, Laurențiu Petre, Ciprian Săraru, Simona

Șandru, Daniel Mihail Șandru, Andreea Verteș Olteanu, GRDP – The General Regulation regarding the personal data protection.

Commentaries and explications, Hamangiu Publishing House, Bucharest, 2018; Th e General Regulation regarding the personal data

protection and the connex legislation updates September 17, 2018, edition cared for and adnotated b y Andrei Savescu, Hamangiu

Publishing House, Bucharest, 2018; Daniel Mihai Sandru, Irina Alexe, Data protection; Column Personal Data Protection: a new

begining?, the „Judicial Courier” no. 2/2018, pp. 63-65; Ramona Liliac, Oana Duță, Nicoleta Magdalena Iacob, Benedictos

Gheorghe Iorga, Costinela Luminița Defta, Carmen Gabriela Barb u, coordinators: Dragoș Marian Rădu lescu, Daniela Iuliana Radu,

Marius Eugen Radu, The implementation and impact of the EU regulation regarding the personal data protection (GDPR) in

Romania. Studies. Legislation. Jurisprudence, Dio Publishing House, Bu charest, 2018; Practical guide regarding the personal data

protection at European level, see http://www.dataprotection.ro/?page=Ghid_preactic_european&lang=ro (last accessed October 30,

2018) etc.