Last updated : 04/08/2016
Status regarding Budapest Convention
Status : PartyRatified : 12/05/2004Declarations and reservations : declarations regarding Articles 24, 27 and 35; no reservations.SEE LEGAL PROFILE
In 2013 the Government of Romania adopted the Cyber Security Strategy and the National Action Plan on the implementation of the Cyber Security National System (Government Decision No. 271/2013 published in Official Journal No. 296/23 May 2013).
The Strategy identifies the main objectives to ensure cyber security such as:
- Complete and harmonize national legislation, including the establishment and enforcement of minimum security requirements for a national cyber infrastructure;
- Develop cooperation between the public and private sector, including by fostering information exchange on threats, vulnerabilities, risks, and that related to cyber incidents and attacks.
- Provide adequate professional training to people working in cyber security and promote widespread professional certification in this field;
- Develop international cooperation on cyber security etc.
The National Strategy on Public Safety and Order for 2015-2020 provides specifically for the need to increase the level of security of legal and natural persons, as well as state entities against cybercrime.
Actions to be taken include:
- develop tools for investigation and monitoring on Internet
- ensure uniform procedure for protection of national cybersecurity infrastructure
- cooperate with other states to prevent the use of computer system for terrorism purposes etc.
A draft law on cybersecurity is currently under the second debate in Romania. A previous law was declared unconstitutional by the Constitutional Court.
More information about Romania including main trends in cybercrime can be found in the GENVAL evaluation Report on cybercrime of Romania available here.
State of cybercrime legislation
Related laws and regulations
Service for Preventing and Combating Cybercrime within Directorate for Investigating Organized Crime and Terrorism Offences, a specialised structure of the Prosecutor’s Office attached to the High Court of Cassation and Justice.
The Service for Countering the Cyber Criminality is the specialized structure within the General Inspectorate of the Romanian Police (GIRP) that has competence for prevention, investigation of cyber criminality and functions within the Directorate for the Countering of Organized Criminality.
For addtional information see GENVAL evaluation reports on cybercrime availabile on the Octopus Community Blog
MLA requests for cybercrime cases are executed based on the law on international judicial cooperation in criminal matters (Law no. 302/2004) and the provisions of the Law no. 161/2003 (Chapter 5)
Law No. 302/2004 on international judicial cooperation in criminal matters represents the general framework in relation to international judicial cooperation in criminal matters.
Law No. 161/2003 (Title III-Prevention and combatting cybercrime-Chapter 5), which implements the Convention on Cybercrime, provides specific provisions related to cybercrime requests.
In the process of international judicial cooperation at multilateral level, Romania is using the European Union Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union in conjunction with MLA Conventions of the Council of Europe, Convention on Cybercrime or the United Nations Convention against Transnational Organized Crime.
For more infromation see the Country Profile of Romania
Competent authorities and channels
Sources and links
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