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The Institution of the Romanian President – Court Ruling (Romania, 2026)

Court Ruling
DPA CC4 February 2026Romania
final
Court Ruling

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The Romanian Constitutional Court ruled that a law requiring the lifelong storage of health data was unconstitutional due to lack of safeguards. While the storage itself wasn't deemed unconstitutional, the court stressed the need for better protections for personal data.

What happened

The Romanian Constitutional Court ruled that a law on storing health data was unconstitutional due to insufficient safeguards.

Who was affected

Individuals whose health data would be stored for life under the contested law were affected.

What the authority found

The court found that the law failed to provide necessary protections for personal data, although the aim of the law was justified.

Why this matters

This ruling emphasizes the need for laws to include strong protections for personal data. It serves as a reminder to lawmakers to ensure that data storage practices respect individual rights.

National Law Articles
AI-identified
Article 1(3) Romanian Constitution
Article 1(5) Romanian Constitution
Article 147(4) Romanian Constitution
Article 148 Romanian Constitution
Article 20 Romanian Constitution
Decision AuthorityCC

Source checks

Secondary-source text retrieved.

Automated check recorded — 21 March 2026.

Processing notes: articles corrected, national law identified, authority corrected.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

The Romanian Constitutional Court examined the constitutionality of the legal provision in Article 2 Governmental Ordinance no. 7/2025 establishing a register for contagious diseases. The Institution of the President of Romania requested the constitutional check. It argued that the measure went beyond what was necessary because the personal data concerning the health of a person were stored for the entirety of that individual’s life with the express prohibition of erasure. This allegedly breached Article 1(3) Romanian Constitution, Article 26 Romanian Constitution, Article 20 Romanian Constitution, as well as Article 8 European Convention on Human Rights (EHCR), Article 148 Romanian Constitution, Article 7 EU Charter of Fundamental Rights (EUCFR) and Article 8(2) EUCFR. Furthermore, the Institution of the President emphasised that the legal provision fails to provide the necessary safeguards for the protection of the fundamental rights and liberties of the individual. Namely, the legal act failed to specify the liability of the controller and the applicable sanctions for breaches, and to ensure the confidentiality of the personal data processing among other shortcomings. This allegedly breached Article 26 Romanian Constitution, Article 1(5) Romanian Constitution, and Article 147(4) Romanian Constitution. The Constitutional Court held that the legal provision was unconstitutional. It found that the legal act failed to provide the necessary safeguards in relation to controller liability, sanctions, and confidentiality. However, the Court found that the measure of storing personal data concerning health for the entire duration of an individual’s life without the possibility of erasure was not in itself unconstitutional and did not violate the fundamental right to private life. The Court pointed out that the aim of such a legal provision is justified by its scientific or statistical purpose and abides by European legal provisions on health safety.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for The Institution of the Romanian President in RO

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

4 February 2026

Authority

DPA CC

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. The Institution of the Romanian President - Romania (2026). Retrieved from cookiefines.eu

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