The National Supervisory Authority For Personal Data Processing (ANSPDCP) has sanctioned NGO Active Watch – Media Monitoring Agency for the violation of the right to private life and the right to protection of personal data, according to Romanian Law no. 677/2001.
The sanction comes after a formal petition sent by prominent human rights activist Dan Tanasa.
In February 2015, Dan Tanasa have been petitioned the NGO Active Watch – Media Monitoring Agency, headed by Mircea Toma, concerning the fact that in an article signed by Adrian Szelmenczi, a member of Active Watch, and posted on the NGO’s blog in August 2014 his personal data was released to the public without his consent (article in question here). The petition was sent according to the legal procedure provided by Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data.
The releasing of Dan Tanasa’s personal data to general public without his consent was clearly a violation of fundamental human rights, the right to private life and the right to protection of personal data. This happened despite the fact that Active Watch – Media Monitoring Agency defines itself as ”a human rights organization campaigning to free communication in the public interest” and which, according to its website, has provided a platform for debates on sensitive topics, among these are also human rights (more details here).
In other words, an organization that defines itself as a defender of human rights has been sanctioned exactly for the violation of human rights, as the right to private life and the right to protection of personal data are fundamental rights guaranteed by the EU Charter of Fundamental Rights.
Replying to Dan Tanasa’s petition, Mircea Toma, President of ActiveWatch, declined to disclose the way he came into possession of his personal data and to apologize for the injustice that he caused to the human rights activist (his reply to the petition in Romanian language here).
While acknowledging that he violated the law and Mr. Dan Tanasa’s rights by publishing his personal data without the consent of Dan Tanasa on the blog of his NGO, Mircea Toma refused to communicate how he came into possession of such data and to apologize for the injustice he caused.
After Toma’s response, Mr. Tanasa petitioned The National Supervisory Authority For Personal Data Processing (ANSPDCP) and after an investigation that lasted more than three months, ANSPDCP replied by telling that NGO Active Watch – Media Monitoring Agency was sanctioned for the offense provided for in art. 32 reported on art. 4 para. 1 letter c of Law no. 677/2001.
ANSPDCP did not communicate also the amount of the sanction imposed in this case.
Note: This article is the English version of Mr. Dan Tanasa article.
Source: Ziaristi Online
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