Processing of personal data

Information on the applicability of Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation)

As of 25 May 2018, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) is applicable in all Member States of the European Union, thus also in Romania.

The High Court of Cassation and Justice is registered in the Register of personal data processing under number 17503.

The High Court of Cassation and Justice processes personal data for the purpose of exercising the tasks laid down by law for this institution, namely the administration of justice, ensuring the uniform interpretation and application of the law, through the mechanisms of unification of jurisprudence, and the management of human resources.

The legal basis for the data processing carried out by the High Court of Cassation and Justice is mainly represented by the following normative acts:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);
  • Law No 190/2018 on measures implementing Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);
  • Law No 363/2018 on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of the prevention, detection, investigation, prosecution and combating of criminal offences or the execution of criminal penalties, educational and security measures and on the free movement of such data;
  • The Constitution of Romania, revised;
  • Law no. 304/2022 on the judicial organisation;
  • Law No 303/2022 on the status of judges and prosecutors;
  • Law No 305/2022 on the Superior Council of the Magistracy;
  • Law No 567/2004 on the status of specialised auxiliary staff of the courts and public prosecutors’ offices and staff working in the National Institute of Forensic Expertise, as amended and supplemented;
  • Regulation on the organisation and administrative functioning of the High Court of Cassation and Justice of 21 September 2004, republished, with subsequent amendments and additions;
  • Law No 176/2010 on integrity in the exercise of public functions and dignities, amending and supplementing Law No 144/2007 on the establishment, organisation and functioning of the National Integrity Agency, and amending and supplementing other legislation, with subsequent amendments and additions;
  • Law No 333/2003 on the protection of objectives, goods, values and persons, republished, with subsequent amendments and additions;
  • Law No 500/2002 on public finance, as amended and supplemented;
  • Law No 287/2009 on the Civil Code, republished, as amended and supplemented;
  • Law No 134/2010 on the Code of Civil Procedure, republished, as amended and supplemented;
  • Law No 286/2009 on the Criminal Code, as amended and supplemented;
  • Law No 135/2010 on the Code of Criminal Procedure, as amended and supplemented;
  • Law No. 227/2015 on the Fiscal Code, as amended and supplemented;
  • Law No. 207/2015 on the Fiscal Procedure Code, as amended and supplemented;
  • Government Emergency Ordinance No 57/2019 on the Administrative Code, as amended and supplemented;
  • Law No 544/2001 on free access to information of public interest, as amended and supplemented;
  • Government Ordinance No. 27/2002 on the regulation of the activity of petition resolution, as amended and supplemented;
  • Law No 53/2003 on the Labour Code, republished, with subsequent amendments and additions;
  • Law No 153/2017 on the salaries of staff paid from public funds, as amended and supplemented;
  • Law no. 319/2006 on health and safety at work, as amended and supplemented;
  • Law No 98/2016 on public procurement, as amended and supplemented;
  • Law No 672/2002 on internal public audit, republished, with subsequent amendments and additions;
  • Examination and competition regulations, adopted in accordance with the law.

For the purposes of Regulation (EU) No 679/2016:

“personal data” means “any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity”;

“processing” means “any operation or set of operations which is performed upon personal data or upon sets of personal data, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction”.

With regard to personal data relating to competitions and examinations organised by the High Court of Cassation and Justice, their deletion from the Supreme Court’s website takes place one year after the publication of the final results of the examination/competition.

The deletion of records containing personal data obtained through the video surveillance system installed at the High Court of Cassation and Justice shall be carried out after a period of 30 days, except in duly justified cases, when this period may be exceeded only with the approval of the President of the High Court of Cassation and Justice.

Within the meaning of Regulation (EU) 2016/679, data subjects have the following main rights, subject to the legal provisions in force:

  • the right of access to their own personal data;
  • the right to rectification;
  • the right to erasure of data (“right to be forgotten”);
  • the right to restrict processing;
  • the right to data portability;
  • the right to object.

The applicability of Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) at supreme court level is circumscribed by the legislative framework establishing the powers and duties of the High Court of Cassation and Justice.

Where the provision of personal data is a legal or contractual obligation or an obligation necessary for the conclusion of a contract, the refusal to provide such data to the High Court of Cassation and Justice make it impossible to deal with the request made to the institution and to conclude or perform the contract.

Requests concerning the protection of personal data addressed to the High Court of Cassation and Justice must be made in writing, dated and signed. They may be lodged at the general registry of the institution or sent to the following e-mail address: protectiadatelorpersonale@scj.ro or by fax: 021 – 310.05.87.