Romania
8.3 Role, functions and powers of civil/criminal courts in the field of data regulation As per GDPR. Specific Romanian regulations If, in the exercise of its legal powers, the national supervisory authority considers that any of the rights of data subjects guaranteed by the legal regulations on the protection of personal data have been infringed, it may bring the matter before the competent court, in accordance with the law. In this situation, the data subject shall automatically acquire the status of complainant and shall be summoned as such. If the data subject accepts the action, the National Supervisory Authority's capacity to bring proceedings shall cease. If the person concerned does not accept the action brought by the national supervisory authority, the court shall cancel the application in accordance with the Code of Civil Procedure. Actions and applications, including those for ordinary or extraordinary legal remedies, brought by the National Supervisory Authority shall be exempt from the payment of stamp duty. On the other hand, courts intervene directly when data protection crimes are being committed. Such crimes are: illegal access to a computer system, illegal interception of a computer data transmission, altering the integrity of computer data, disrupting the operation of computer
systems, unauthorized transfer of computer data, and illegal operations with computer devices or software. Consequences of non-compliance As per GDPR. Specific Romanian regulations The violation of the followings constitutes an infringement and is punishable by administrative fines of up to EUR 20,000,000 or, in the case of a company, up to 4% of the turnover: Processing of genetic data, biometric data or health data Processing of a national identification number Processing of personal data in the context of employment relationships Processing of personal data and special categories of personal data in the context of the performance of a task carried out in the public interest Processing of personal data for journalistic purposes or for purposes of academic, artistic, or literary expression Processing of personal data for scientific or historical research purposes, for statistical purposes or for archiving purposes in the public interest
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