Romania’s Ombudsman asks Constitutional Court to rule on new cyber security law

Romania’s Ombudsman has challenged the government’s new cyber security law before the Constitutional Court, citing its many flaws. The law was approved by Parliament despite criticism.

The Ombudsman says the new law is unpredictable in terms of implementation, lacks clarity, imposes heavy costs on companies, and expands the powers of the Romanian Intelligence Service (SRI) without establishing clear limits. If the Court agrees, the law will have to be changed so that it respects the constitution.

The new law, the Ombudsman found, does not adequately distinguish between natural and legal persons that provide services of public interest, and therefore can be used to impose obligations to all. “The legislator did not rigorously identify the subjects targeted by the regulations in question,” the office says, cited by Ziarul Financiar.

Simply understanding and abiding by the law is difficult, not to mention the fact that it imposes heavy economic sanctions on companies trying to follow it, the Ombudsman argues.

Moreover, the law says that SRI is to ensure national security by countering “propaganda or disinformation campaigns,” but fails to define what constitutes such campaigns, therefore leaving room for broad interpretations.

The office of the Ombudsman is an independent institution part of the Romanian government. It is charged with investigating complaints made by citizens against other government institutions. The Ombudsman often contests the constitutionality of laws passed by the legislative or of government ordinances.

(Photo source: Inquam Photos/George Călin)