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Romania law requiring retention of telecommunications records takes effect

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] A law requiring Romanian telecommunications companies to retain information on all telephone calls, text messages, and emails went into effect on Tuesday. The law requires that basic information like the phone numbers or email addresses involved in the communications be recorded so that prosecutors can access the information if it relates to an investigation, but the companies are prohibited from keeping information on the content of the messages. The Romanian Chamber of Deputies passed the controversial law in November, and its supporters said the records were required to comply with European Union efforts to combat terrorism. More than 5000 Romanians have signed a petition protesting the law. Other countries have also taken controversial measures on the tracking of communications to investigate crime. In August, a US court ruled  that the federal government acted appropriately when it compelled a telecommunications company to assist in warrantless surveillance of certain customers. In July, millions of Swedish citizens filed electronic petitions against the country's electronic wiretapping law. In February 2008, a Canadian judge ruled] that Section 184.4 of the Canadian Criminal Code, which allows warrantless wiretapping in some circumstances, is unconstitutional because it violates "the fundamental freedom to be free from unreasonable search and seizure" protected by the Canadian Charter of Rights and Freedoms.

Full post as published by JURIST - The Paper Chase on January 21, 2009 (boomark / email).