Duty LXD-2209
Records calls, in Romania
Law 361/2022 on the Protection of Public Interest Whistleblowers (Legea nr. 361/2022), Article 7, Paragraphs 3 to 7, Documenting Telephone and Oral Reportssince 5 lines
Art. 7 alin. (3)-(7), Legea nr. 361/2022 · Read the law's page
- If you must have an internal reporting channel and it is a telephone line or other voice messaging system, document each report either by recording the conversation in a durable and accessible form with the whistleblower's consent, or by a complete and exact transcript of the conversation (article 7, paragraph 3).
- Where the line or system cannot record conversations, draw up minutes with a complete and exact transcript of the conversation, and give the whistleblower the chance to check, correct and agree to the minutes by signing them (article 7, paragraph 4).
- Where the whistleblower asks for the report to take place in your presence, draw up minutes in a durable and accessible form with the whistleblower's consent, and give the whistleblower the chance to check, correct and agree to them by signing (article 7, paragraph 5).
- Direct a whistleblower who does not consent to transcription or recording of the conversation to report in writing, on paper to the designated person or electronically to a dedicated electronic mail address (article 7, paragraph 6).
- Set up internal reporting channels if you are a private-law legal person with at least 50 employees (article 9, paragraph 1).
Law 506/2004 on the Processing of Personal Data and the Protection of Privacy in Electronic Communications (Legea nr. 506/2004), Article 4, Paragraphs 1 to 4, Confidentiality of Communicationsin force3 lines
Art. 4 alin. (1)-(4), Legea nr. 506/2004 · Read the law's page
- Do not listen to, record, store or otherwise intercept or monitor communications transmitted through public electronic communications networks or publicly available electronic communications services, or the related traffic data, unless the users who take part in the communication carry out the operation, those users gave their prior written consent, or the competent authorities carry it out under the law (article 4, paragraph 2).
- Keep the confidentiality of such communications and their traffic data when you store them technically to transmit the communication (article 4, paragraphs 1 and 3).
- Make recordings of such communications in the course of lawful professional practices only as the law authorizes, and only to provide proof of a commercial act or of a communication made for commercial purposes (article 4, paragraph 4).