Competent authority

According to the Criminal Procedural Code (Article 138 letter (j) corroborated with Article 170, Article 152), the order to obtain subscriber information or traffic data can be issued:

• by the prosecutor to conduct the criminal investigation
• or the prosecutor supervising the police activities during the investigation phase and the court during the trial

Basis in law

• Criminal procedure code Art.152 - Obtaining data generated or processed by providers of public electronic communications networks or providers of electronic communication services intended for the public
  
  (1) Criminal investigation bodies, subject to a prior authorization from the Judge for Rights and Liberties, may request a provider of public electronic 23 communication networks or a provider of electronic communication services intended for the public to transmit the traffic or location data if the following cumulative conditions are fulfilled as such:
  
  (a) there is a reasonable suspicion in relation to the commission of an offense provided by Article 139 para. (2) or of an offense of disloyal competition, escape, counterfeiting documents, non-compliance with the rules governing weapons, ammunition, nuclear material and explosives, non-compliance with the rules governing introducing in the country waste and residues, an offence regarding organising and exploiting gambling or an offence related to drug precursors and offences related to operations with products with psychoactive effects similar to narcotic and psychotropic substances.
  
  b) there are grounds to believe that the requested data represent evidence.
  
  (c) evidence could not be obtained in any other way or its obtaining implies special difficulties that would harm the investigation, or there is a threat for the safety of persons or of valuable goods.
  
  (d) the measure is proportional to the restriction of fundamental rights and freedoms, considering the particularities of the case, the importance of information or evidence that are to be obtained or the seriousness of the offense;
  
  (2) The Judge for Rights and Liberties shall rule within 48 hours on requests transmitted by criminal investigation bodies regarding the transmission of data, through a reasoned court resolution, in chambers.
  
  (3) Providers of public electronic communication networks and providers of electronic communication services intended for the public that cooperate with criminal investigation bodies are under an obligation to keep secrecy of the conducted operations.
   
• ART. 170 - Surrender of objects, documents or computer data
  
  (1) In the event that there is a reasonable suspicion in relation to the preparation or commission of an offense and there are reasons to believe that an object or document can serve as evidence in a case, the criminal investigation bodies or the court may order the natural person or legal entity holding them to provide and surrender them, subject to receiving proof of surrender.
  
  (2) Also, under the terms of par. (1), criminal investigation bodies or the court may order:
  
  a) any natural person or legal entity on the territory of Romania to communicate specific computer data in their possession or under their control that is stored in a computer system or on a computer data storage medium;
  
  b) any provider of public electronic communication networks or provider of 24 electronic communication services intended for the public to communicate specific data referring to subscribers, users and to the provided services that is in its possession or under its control, other than the content of communications and then those specified by Art. 138 par. (1) item j).

If different for subscriber information

see above

If different for traffic data

see above

Form

There is no specific form. Formally, the prosecutor conducting the criminal investigation, the prosecutor supervising the police activities issue an ordinance (order) mandatory containing the data prescribed by Article 286 of the Criminal Procedural Code as following:

(2) The prosecutorial order shall comprise:
a) name of prosecutor’s office and date of issuance;
b) surname, name and capacity of the person writing it;
c) the action that makes the object of criminal investigation, the charges for it and, as the case may be, data concerning the person of the suspect or defendant;
d) the object of the procedural act or step, or, as the case may be, type of solution as well as the justification for it on the merits and under the law;
f) other mentions required by law;
g) signature of the person who wrote the order.”

The content of a court resolution is provided by Article 370 par. (3) -(4) of the Criminal Procedural Code.

Competent authority

According to Article 154 of the Criminal Procedural Code a preservation order may be issued by the prosecutor conducting the criminal investigation or the prosecutor supervising the police activities.

Basis in law

Article 154 of the Criminal Procedural Code - Preservation of computer data

(1) If there is a reasonable suspicion in relation to the preparation or commission of an offense, for the purpose of collecting evidence or of identifying a perpetrator, suspect or defendant, the prosecutor supervising or conducting the criminal investigation may order immediate preservation of computer data, including of data referring to information traffic, that were stored by means of a computer system and that is in the possession or under the control of a provider of public electronic communication networks or of a provider of electronic communication services intended for the public, in the event that there is a danger that such data may be lost or altered.

(2) The preservation is ordered by the prosecutor, ex officio or upon request by criminal investigation bodies, for a term of maximum 60 days, through an order that has to contain besides the obligations provided by Article 286 paragraph (2): the providers of public electronic communication networks or the providers of electronic communication services intended for the public in which possession or control the computer data is, the name of the perpetrator, suspect or defended if known, a description of the data to be preserved, justification of the fulfilment of the conditions required by paragraph 1, the duration for which it was issued, a mention of the obligation of the person or providers of public electronic communication networks or the providers of electronic communication services intended to immediately preserve the indicated computer data and maintain the data integrity, under conditions of confidentiality.

(3) The preservation measure may be extended by the prosecutor, only once, for well-grounded reasons, for a term of maximum 30 days.

(4) The prosecutor’s order is transmitted immediately to any provider of public electronic communication networks or provider of electronic communication services intended for the public holding the data specified under paragraph (1) or having control on such data, the latter being under the obligation to preserve it immediately, under confidentiality terms.

(5) If data referring to information traffic is held by several providers of public electronic communication networks or providers of electronic communication services intended for the public, a provider holding or controlling the computer data is under an obligation to provide the criminal investigation bodies forthwith with the information necessary for the identification of other providers, in order to enable them to learn of all elements of the used communication chain.

(6) The prosecutor supervising or conducting the criminal investigation, based on a prior authorisation from the Judge for Rights and Liberties, may request a provider of public electronic communication networks or a provider of electronic communication services intended for the public to transmit the data preserved under the law or may order cancellation of such measure.

(7) The Judge for Rights and Liberties shall rule on requests transmitted by criminal investigation bodies regarding the transmission of data within 48 hours, through a reasoned court resolution, in chambers.

(7¹) Paragraphs (1) to (7) apply accordingly to computer data, including traffic data stored through computer systems held or under control of other persons.

(8) Before completion of the criminal investigation, the prosecutor is under an obligation to inform in writing the persons against whom the criminal investigation is conducted and whose data were preserved.

If different for subscriber information

Subscriber data, traffic data or content data are preserved under the same provision.

If different for traffic data

see above

Form

There is no specific form.

See above production order

Definition of emergency situation

There is no special provision describing emergency situation

Obligation to cooperate

There is a general obligation to cooperate against any person who have possession or control of data that may be considered evidence.

Obligation of secrecy

There are several provisions of the Criminal Procedural Code asking for secrecy of confidentiality with regard to certain means of investigation during their performance (interception, data preservation etc.)

Non respect of the obligation of secrecy

Breaking confidentiality may be considered a crime in certain conditions.

Exception

There are no exceptions.