Controversies Regarding The Legality Of Interceptions Carried Out Through The National Center For Interception Of Communications Within The Romanian Information Service

Abstract

A particularly relevant aspect found by the constitutional court consists in the fact that the phrase National Communications Interception Center within the Romanian Intelligence Service was introduced for the first time in Romanian legislation in Government Emergency Ordinance no. 6/2016, although this entity was not established by a public normative act.

The Constitutional Court noted that the National Center for Interception of Communications does not exist from a legal point of view. Under these conditions, in relation to the previous jurisprudence of the constitutional court, respectively Decisions no. 51 of February 16, 2016, published in the Official Monitor no. 190 of March 14, 2016, as well as Decision no. 26 of January 16, 2019, published in the Official Monitor no. 193 of 12.03.2019, the issue of the legality of the activity of implementing technical surveillance mandates by the prosecutor and criminal investigation bodies together with or with the competition of a structure within the Romanian Information Service, which does not have legal personality, is noted. At the same time, taking into account article 53 of the Romanian Constitution according to which the exercise of certain rights or freedoms can only be restricted by law, it is necessary to analyze the legality of the interceptions obtained through the National Center for the Interception of Communications, which was mentioned for the first time in Romanian legislation through an Emergency Ordinance of the Government.