Privacy rights in Romania

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Privacy rights in Romania are guaranteed by the constitution from 1991 with a revision in 2003.

Right to Privacy in Romania

TITLE II CHAPTER II ARTICLE 26 PRIVATE AND FAMILY LIFE

1. Public authorities shall respect and protect private and family life.

2. Every person is free to do whatever he/she wants to do, as long as he/she does not violate the rights and freedoms of other persons, public order, or the standards of public morality.

TITLE II CHAPTER II ARTICLE 27 INVIOLABILITY OF DOMICILE

1. The domicile and the residence are inviolable. No one may enter or stay in the domicile or residence of a person without the latter's consent.

2. A derogation from the provisions of paragraph 1 may be made, in accordance with the law, for the following purposes:

a.in order to execute an arrest warrant or a court decree;

b.in order to remove a threat to a person's life, physical integrity, or property assets;

c.in order to defend national security or public order;

d.in order to prevent the spread of an epidemic.

3. Searches may only be ordered by a judge and have to be carried out in the terms and forms established by the law.

4. Searches during night time shall be prohibited, except in cases of a flagrante delicto.

TITLE II CHAPTER II ARTICLE 28 CONFIDENTIALITY OF CORRESPONDENCE

The confidentiality of letters, cables, and other mail, and of telephone conversations and other means of communication is inviolable.