Garanții procedurale de protecție a datelor cu caracter personal în cadrul procedeelor probatorii din Republica Moldova și România privind protejarea de imixtiuni în viața privată
Procedural guarantees for the protection of personal data within the evidentiary procedures of the Republic of Moldova and Romania regarding the protection
from interference in private life
Author(s): Ion Covalciuc, Daniel CristeaSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: criminal process; evidentiary procedure; personal data; essential protection requirements; procedural guarantees;
Summary/Abstract: Although practically all criminal procedural activity involves to a greater or lesser extent the processing of personal data, neither the criminal procedural normative framework in the Republic of Moldova nor that in Romania expressly regulates the protection of personal data of persons trained in the criminal process. The existence of some mechanisms that would be implemented once the criminal process starts, together with the appropriate technical and organizational measures, would allow not only the implementation of the principles of personal data protection, but also the avoidance of the consequences of their violation. The identification and application within the evidentiary procedures of some tools intended for the protection of personal data, as well as the corresponding procedural guarantees would ensure the avoidance of harmful consequences related to the violations that may occur in the framework of criminal cases, as well as other consequences, including related of the fairness of the criminal process. Without claiming to solve the entire spectrum of problems related to the protection of personal data in the criminal process, this approach aims to identify and implement some procedural guarantees for the protection of personal data in evidentiary proceedings.
- Issue Year: 1/2022
- Issue No: 16
- Page Range: 141-155
- Page Count: 15
- Language: English, Romanian