Observaţii critice privind noua reglementare a supravegherii tehnice într-o prezentare comparativă
Critical Observations on the new Regulation of technical Surveillance in a comparative Presentation

Summary/Abstract: Although technical surveillance is not a complete novelty for the Romanian legislation, the current Code of Criminal Procedure does try to unify the principles of authorisation and application of certain methods of proof which result in an interference with the private life of individuals. It also innovates by attributing to the judge for rights and liberties the central role regarding the ordering and supervision of the way these are carried out. The present study focuses on a thorough and critical analysis of the current legislation by comparison to the former criminal procedure law and to the case law of the European Court of Human Rights, as well as by reference to the case law of the national courts of justice. The study is divided into seven distinct sections, starting with some general observations on the way the newly introduced legislation deals with technical surveillance – the criteria used by the legislator to regulate the use of special means of surveillance, the nature of technical surveillance, and some brief observations on the technical methods of intercepting communication and remote communication; access to computer data; video, audio and photographic surveillance; the localization or tracking by use of technical means; and the retrieval of data regarding the financial transactions of an individual. The following sections deal with the conditions which have to be met for technical surveillance to be ordered and the recordings that can be carried out without authorization, several issues of great interest regarding the technical surveillance of the communications between an attorney and their client, the carrying out of the surveillance order and, finally, one of the most interesting topics regarding technical surveillance – the possibility of using the resulting data in other criminal cases. The concluding observations answer the question of whether a correct balance was achieved between efficiency, loyalty, the right to a fair trial and the separation of powers regarding the regulation of technical surveillance in the currently applicable Romanian legislation.

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