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On 3 February 2011 the Autoritatea Naţională pentru Administrare şi Reglementare în Comunicaţii (National Authority for Administration and Regulation in Communications, ANCOM) opened a public consultation on a Draft Decision on amending the way of reporting certain statistical data by providers of public electronic communications networks or of publicly available electronic communications services (see inter alia IRIS 2010-8/43, IRIS 2010-10/37 and IRIS 2011-2/35). The statistical indicators have to be amended due to evolutions and trends in the Romanian and international electronic communications...

Romania’s Audiovisual Law could be changed, according to a Draft on the amendment and completion of the Legea Audiovizualului nr. 504/2002 (Audiovisual Law no. 504/2002) proposed mid-February 2011 by four deputies of the Democrat-Liberal Party, the major component of the ruling coalition (see inter alia IRIS 2009-2/29, IRIS 2010-1/36 and IRIS 2010-9/34). The Draft, which was withdrawn, corrected and proposed again in less than ten days, is mainly intended to merge the existing Audiovisual Law with most of the provisions of the Audiovisual Content Regulatory Code (Decision no. 187/2006 - Audiovisual...

The Supreme Court of the Republic of Cyprus decided on 1 February 2011 that Arts. 4 and 5 of the Law on the Retention of Telecommunications Data for the Investigation into Criminal Offences (L.183(I)2007) are in breach of the Constitution; moreover, the Law appears to go beyond the scope and goals of Directive 2006/24/EC on data retention. The Court verdict was issued in relation to petitions for a writ of certiorari by four persons against District Court orders that granted the police access to the claimants telephone communications data. The orders were issued according to Arts. 4 and 5 of L.183(I)2007,...

The Flemish commercial broadcaster VMMa’s reality tv programme “My Restaurant” was invaded by three undercover journalists from the news website Clint.be. In this programme five couples are followed throughout their attempts to set up a successful restaurant business. One of these couples organised solicitations in order to recruit staff, in which ten journalists of the news website participated without revealing their journalistic capacity. Three of them were selected. Later on, they revealed the results of their undercover actions through emails and also by way of reports on their website. In...

On 22 February 2011, the Austrian Ministerrat (Council of Ministers) agreed on a series of bills designed to implement the Data Retention Directive 2006/24/EC. In addition to the planned amendment of the 2003 Telekommunikationsgesetz (Telecommunications Act -TKG), a first draft of which was tabled by the Verkehrsministerium (Ministry of Transport) in July 2010 (see IRIS 2010-9/11), the proposals now also concern the Strafprozessordnung (Code of Criminal Procedure - StPO) and the Sicherheitspolizeigesetz (Police Act - SPG). The amendments are designed to regulate access to stored data. The draft...