The President of Romania notified the Constitutional Court regarding the law that introduces a new Single Electronic Register of Communicable Diseases, because it provides for the preservation of all medical and personal data, without recognizing the right to request their deletion.
Nicușor Dan, President of Romania PHOTO: Presidential Administration
The head of state claims that the law provides for the retention of all medical and personal data, including diagnoses and complete medical history, for the entire life of the person and for at least 180 days thereafter, “without recognizing the right to request their deletion, even if there is no risk of disease transmission”.
Nicușor Dan points out that this represents a disproportionate interference in private life, contrary to Article 26 of the Constitution.
“I notified the Constitutional Court in relation to the law approving the emergency ordinance that introduces a new Single Electronic Register of Communicable Diseases.
The law provides for the retention of all medical and personal data, including diagnoses and complete medical history, for the entire life of the person and for at least 180 days thereafter, without recognizing the right to request their deletion, even if there is no risk of disease transmission.
This represents a disproportionate interference in private life, contrary to art. 26 of the Constitution.
At the same time, when the state manages sensitive data, there must be clear, precise rules, safeguards against abuse and firm sanctions for breach of confidentiality.
European jurisprudence establishes such standards, but the law referred to the CCR uses unclear terms, does not distinguish between those who have the obligation to report and those who can access the data, and leaves essential problems on account of some secondary administrative acts.
Digital health applications are important for the prevention and control of communicable diseases. But they must operate within constitutional limits and guarantee adequate protection of privacy and human dignity,” the president wrote on the X network.
