Article 1. - (1) The purpose of this law is to guarantee and protect the fundamental rights and freedoms of individuals, in particular the right to privacy, family and private life, with regard to the processing of personal data.
(2) Exercise of the rights provided by the present law may be restricted only in express and limitative cases provided by the law.
Field of application
Art. 2. - (1) This law applies to the processing of personal data, carried out, wholly or in part, by automated means, as well as the processing by other means than automatic means of personal data, a recording system or intended to be included in such a system.
(2) This law applies to:
a) the processing of personal data, carried out within the activities of operators established in Romania;
b) processing of personal data carried out in the framework of the activities carried out by the diplomatic missions or consular offices of Romania;
(c) the processing of personal data carried out in the course of activities carried out by operators not established in Romania through the use of means of any kind located on the territory of Romania, unless such means are used only for the purpose of transit through the territory of Romania of the personal data subject to such processing.
(3) in the case provided for in paragraph (2) lit. c) the operator will appoint a representative who must be a person established in Romania. The provisions of this law applicable to the operator shall also apply to its agent, without prejudice to the possibility of bringing legal proceedings directly against the controller.
(4) This law applies to the processing of personal data by natural or legal persons, whether Romanian or foreign, whether governed by public or private law, regardless of whether they occur in the public sector or in the private sector.
(5) within the limits provided by the present law, it shall also apply to the processing and transfer of personal data carried out in the framework of the activities of prevention, investigation and repression of the offenses and maintenance of the public order, as well as of other activities carried out in the field criminal law, within the limits and with the restrictions established by the law.
(6) This law does not apply to the processing of personal data by individuals solely for their personal use, if the data in question are not intended to be disclosed.
(7) This law does not apply to the processing and transfer of personal data, carried out within the framework of activities in the field of national defense and national security, carried out within the limits and with the restrictions established by the law.
(8) The provisions of the present law are without prejudice to the obligations assumed by Romania through legal instruments ratified.