New cybercrime legislation in Romania
Romania has implemented the Cybercrime Convention in Title III of the Anticorruption law no 161/2003, published in the Official Monitor no 279 from 21 April 2003. Romania signed the convention in the end of 2001. There are no provisions regarding data retention, even though in some previous versions of the law there was an obligation for service providers to keep all traffic data for 6 months. The Romanian implementation precedes the ratification of the Convention. Only Croatia, Albania and Estonia have ratified the Convention.
The main crimes foreseen in the law are :
Art 42 - illegal access to a computer system Art 43 - illegal interception of any transmission of computer data Art 44 par 1 - illegal alteration, deletion or deterioration of computer data of the access restriction to such data Art 44 par 2 - unauthorized data transfer from a computer system Art 45 - serious hindering, without right, of a computer system operation Art 48 - Input, alteration or deletion, without right, of computer data or the restriction, without right, of the access to these data Art 51 - Child pornography through computer systems
In a press conference held on 7 May, the Romanian Police gave insight in the number of internet related crimes. During the year 2002 242 complaints were registered about 35 internet related crimes. 96 persons were investigated and 54 were preventively arrested. The damages were estimated at 800.000 USD. From the beginning of the year 2003, 82 complaints have been solved in 12 penal cases where 18 people were arrested.
Unofficial translation of the law
(2 contributions by Bogdan Manolea, legal coordinator RITI - Romanian Information Technology Initiative)