Romania ratified the Council of Europe Cybercrime Convention on May 12, 2004

A draft Law on preventing and combating computer criminality is prepared by the Ministry of Justice.

The draft law makes it a criminal offence:

- the access to the whole or part of a computer system without right

- interception, without right, of non-public transmission of computer data from or within a computer system

- the damaging, deletion, deterioration, alteration, suppression of computer data without right and the unauthorized transfer of data

- the serious hindering of the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering, suppressing computer data

Romania has enacted a model national cybercrime legislation based on the Convention:

Anti-corruption law

Title III

on preventing and fighting cyber-crime

Chapter III

Crimes and contraventions

Section 1

Offences against the confidentiality and integrity of data and computer systems

Art.42 – (1) The illegal access to a computer system is a crime and is punished with imprisonment from 6 months to 3 years.

(2) If the fact mentioned at item (1) is performed by infringing the security measures, the punishment is imprisonment from 3 to 12 years.

Art.43 – (1) The illegal interception of any transmission of computer date that is not published to, from or within a computer system is a criminal offence and is punished with imprisonment from 2 to 7 years.

(2) The same punishment is applied also for the illegal interception, of electromagnetic emissions from a computer system carrying non-public computer data.

Art.44 – (1) The illegal alteration, deletion or deterioration of computer data of the access restriction to such data is considered a criminal offence and is punished with imprisonment from 2 to 7 years.

(2) The unauthorized data transfer from a computer system is punished with imprisonment from 3 to 12 years.

(3) The unauthorized data transfer by means of an information data storing mean is also punish as in paragraph (2).

Art.45 – The serious hindering, without right, of a computer system operation, by the introducing, transmitting, altering, deleting or deteriorating computer data or by restricting the access to these data is considered a criminal offence and is punished with imprisonment from 3 to 15 years.

Art.46 – (1) The following are considered criminal offences and punished with imprisonment from one to 6 years.

a) the production, sale, import, distribution or making available, in any other form, without right, of a device or a computer program designed or adapted fro the purpose of committing one of the offences established in accordance with arts.42-45;

b) the production, sale, import, distribution or making available, in any other form, without right, of a password, access code or other such computer data allowing total or partial access to a computer system for the purpose of one of the offences established in accordance with arts.42-45;

(2) The possession, without right, of a device, computer program, password, access code or computer data referred to a paragraph (1) for the purpose of one of the offences established in accordance with arts.942-45 is also punished similarly.

See www.legi-internet.ro/en/cybercrime.htm