USR and Forta Dreptei challenges cyber security law to the Constitutional Court

Autor: Mirea Andreea
Publicat: 22-12-2022 14:21

Deputies from the Save Romania Union (USR) and from Forta Dreptei will notify the Constitutional Court regarding the cyber security law, on the grounds that it "seriously" violates the right to private life of Romanians, informs a press release from USR sent to AGERPRES on Thursday.

"We have drawn attention since the beginning of the summer, when the draft national security laws were presented, that the current coalition, led by President Iohannis, threatens the fundamental civil liberties of Romanians. The cyber security law, adopted in total contempt for the principles and democratic institutions, confirms what I was saying and represents a new political slippage. You cannot force hundreds of thousands of technical cyber security service providers to pour their customers and offer private data and information on a tray, without a warrant from the judge of them. The right to private life and freedom of expression are protected by the Constitution and we cannot stand by passively at this new attempt by the services to sneak into the lives of Romanians," said USR chairman Catalin Drula, quoted in the press release.

According to the USR, the law adopted by the Social-Democratic Party - National Liberal Party - Hungarian Democratic Union of Romania (PSD-PNL-UDMR) on "fast-forward" violates the constitutional provisions regarding the "right to private life and freedom of expression".

"Reporting by the victim of a cyber security incident to the National Platform for Reporting Cyber Security Incidents (PNRISC) seems to be beneficial, because that platform is specifically intended to solve such incidents. But, due to the unclear definition in the law of the notion of cyber security incident, it is possible to reach the situation where for a simple virus infection or for an apparent virus infection (a normal malfunction) of a laptop, any person who has an activity that can be considered - by whom? - to be of public interest to be obliged to notify the PNRISC and, implicitly, to make the laptop available to the PNRISC specialists, with all the data and personal information contained in that device," the press release explains.

In the opinion of the USR, it is about "an important intrusion" into the private life of the person, and the owner of the laptop "cannot choose whether or not to notify the PNRISC, as there is a strict legal obligation, severely sanctioned with a contravention fine, to contact the PNRISC and, implicitly , to make available to third parties a multitude of data and information regarding private life".

"Basically, we are dealing with an extension of Law no. 362/2018 on ensuring a common high level of security of networks and IT systems from a few critical sectors and approximately 700 small and large companies and authorities to probably several hundred of thousands of legal entities, an aspect considered excessive by EU legislation", the press release states.