Minister Aurescu calls for urgent review of draft law on electronic communications

The Minister of Foreign Affairs, Bogdan Aurescu, requested the leadership of the Chamber of Deputies to speed up the procedures for re-examining the draft regarding electronic communications, in order to be in agreement with the decision of the Constitutional Court, which declared some unconstitutional provisions.

According to the letter discussed on Tuesday at the Permanent Bureau of the Chamber, Minister Aurescu states the need to resume the parliamentary procedure as a matter of urgency regarding this project, “in a form that ensures full transposition of EU Directive 2018/1972”, “during the regular session in progress ”or,“ if this is not possible, consider the possibility of convening an extraordinary session ”.

The purpose of this approach is to avoid the continuation of the infringement procedure against Romania, the document states.

According to a note from the General Secretariat of the Chamber, the bill, which was adopted by the Senate on March 2 as a decision-making chamber, was challenged in the Constitutional Court by USR, AUR and MPs.

On May 18, the Constitutional Court ruled that the provisions of art. 2 point 2 of the law, with reference to the introduction of art. 10.2 paragraph 1, letter c and art. 48, but the decision is in the drafting phase, the quoted source states.

According to the cited document, after the publication of the CCR decision in the Official Gazette, the law will resume its parliamentary procedure, and will be sent to the Chamber of Deputies, as the first notified Chamber, in order to re-examine the provisions declared unconstitutional.

As a result, the Permanent Bureau decided on Tuesday that the letter from the Foreign Minister be forwarded to the five committees to draw up the report – the committees on constitutionality, industry, public administration, information technology and law.

The government-initiated draft law on electronic communications has been criticized by some lawmakers and non-governmental organizations for violating some fundamental rights and freedoms, with the possibility that national security services may request information through access to security applications. type WhatsApp, Telegram.

The bill was amended in the Senate, the decision-making chamber, but USR, AUR MPs and the People’s Advocate challenged it at the CCR.

According to the form originally adopted by the Senate, “providers of electronic hosting services with IP resources have the obligation to support law enforcement agencies and bodies with responsibilities in the field of national security, within their competences, for the implementation of technical surveillance methods or of the authorization documents ordered according to the Code of Criminal Procedure, as well as according to the Law on National Security ”.

According to this article, the mentioned providers must “allow the legal interception of communications, including to bear the related costs, during and under the conditions mentioned in the authorization documents”, “to grant, at the request of the authorized bodies, the encrypted content of communications transited ”,“ To provide the information retained or stored regarding traffic data, identification data of subscribers or customers, payment methods and access history with the corresponding time points, corresponding to the IP address identified in the authorization documents arranged in accordance with the Code of Procedure criminal law and Law 51/1991 on national security ”.

Editor: Liviu Cojan

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