English translation of Romanian data retention decision now available

Last month the Romanian Constitutional Court issued an important decision holding that national data retention laws were unconstitutional and in breach of the European Convention on Human Rights. The full text of that judgment is now available in English and makes cheering reading for civil liberties advocates, with the Constitutional Court accepting the argument that data retention is a disproportionate intrusion into private lives which is open to abuse. In the words of the Court:

[Data retention] equally addresses all the law subjects, regardless of whether they have committed penal crimes or not or whether they are the subject of a penal investigation or not, which is likely to overturn the presumption of innocence and to transform a priori all users of electronic communication services or public communication networks into people susceptible of committing terrorism crimes or other serious crimes.