O confirmare jurisprudenţială privind nelegalitatea unui act administrativ cu caracter normativ care impune obligaţia înregistrării unor date cu caracter personal: registrul de evidenţă a rezervărilor clienţilor
A Jurisprudential Confirmation on the Unlawfulness of a Normative Administrative Act That Imposes the Obligation to Register Personal Data: The Record of Customer Reservations

Summary/Abstract: In the current pandemic context, in addition to efforts to limit the spread of the new coronavirus, the protection of individuals with regard to the processing of personal data must not be neglected either, a fundamental right enshrined in the Charter of Fundamental Rights of the European Union and the Treaty on the Functioning of the European Union. During the state of alert, the Romanian Ministers of Health and Economy and the President of the National Sanitary Veterinary and Food Safety Authority imposed an obligation on economic operators in the food sector to keep a record of customer reservations, so that, on the basis of concrete data from it, the epidemiological investigation can be carried out. However, this measure breached the constitutional and legal framework in which one could act in application of a text of law, aspect confirmed by the judicial control in an action for annulment, Brasov Court of Appeal emphasizing that „the Order no. 1493/2020 which approves the application norms of art. 8 of Law no. 55/2020, by regulating an obligation on economic operators to process personal data, thus directly restricting the exercise of the fundamental right to the protection of personal data, but also the right to privacy, regulated by the Constitution, is illegal since this restriction can only be regulated by law, as a formal act of the Parliament”.

• Details
• Contents