A possible leak of data from AFM to certain companies installing solar panels in the Casa Verde Photovoltaic program was investigated for almost 3 months by the prosecutor’s office next to the Bucharest court. At the request of HotNews.ro, the prosecutor’s office announced on Tuesday that on October 31, 2023, a criminal investigation was launched in the case (in rem) for the crime of disclosing official or non-public information.

What possible crimes are investigated by the prosecutor’s office and what punishments the guilty face

The Prosecutor’s Office at the Bucharest Court clarified to HotNews.ro that in this case, on October 16, the prosecutor filed an official notification of the crime of disclosing official or non-public information, provided for in Art. 304 para. 1 of the Criminal Code.

• “On October 31, 2023, criminal proceedings were opened for the crime of disclosing official or non-public information, provided for in Art. 304 para. 1 of the Criminal Code.
• Investigations are being conducted in the case to establish the factual circumstances and bring the culprits to justice.
• Analyzing the provisions of Law 544/2001 in conjunction with the provisions of Section 2 of Chapter IV of the Guide to Good Practice on Relations between the Judiciary and the Mass Media (which govern the rules applicable to relations between the judiciary and the mass media during criminal prosecutions), on at this moment, we cannot tell you the date when we estimate the completion of the investigation in the above case, nor “what the possible perpetrators are at risk”, the case is still using the means of evidence to accurately establish the factual situation,” the prosecutor’s office says.

In accordance with clause 304 of Art. 1 of the Criminal Code “unlawful disclosure of official information or information not intended for publication by a person to whom it is known due to official duties, if this affects the interests or activities of the person.” , is punishable by imprisonment for a term of 3 months to 3 years or a fine.”

The Ministry of Natural Resources informed the Prosecutor General’s Office. It all started with an investigation by HotNews.ro

The Prosecutor’s Office at the High Court of Cassation and Justice informed HotNews.ro on September 15, 2023, that on September 14, 2023, it registered the notification of the Ministry of the Environment, which it sent to the Prosecutor’s Office for appropriate resolution. attached to the Bucharest court, since the crime provided for in art. 304 of the Criminal Code.

Environment Minister Mircea Fecet said on September 8, 2023, exclusively for HotNews.ro, that suspicions of leaking information that is not of public interest and may favor certain companies in the Casa Verde program have been confirmed. inspection of the Control Body of the Minister of Ecology and that he ordered to be sent to the General Prosecutor’s Office.

What the applicants from the Casa Verde program complained to the Ministry about

On Tuesday, September 12, the Ministry of Natural Resources said it had received 3 separate reports regarding “violations of GDPR legislation and the provision of information to Casa Verde Fotovoltaice.”

• “On 07.07.2023, the MMAP received a message by e-mail regarding “violation of GDPR legislation and provision of information to Casa Verde Fotovoltaice”.
• Along with the message, other attachments were also sent (screenshots of social media posts/dialogues, Equipment and Services Sales Agreement – 3KW PV package with AFM financing owned by a commercial company, advertising flyers or screenshots of some sites owned by economic agents).
• Similar aspects were reported on 14/07/2023, also by email, by two other people from Bucharest. The same Equipment and Services Agreement was attached to both notices – a 3kW PV package with AFM financing owned by a commercial company.”, This was reported to HotNews.ro by representatives of the Ministry of the Environment.

The ministry says GDPR has been breached. Activities available

The ministry continues that it has found evidence that the General Data Protection Regulation (GDPR) has been breached.

• “Taking into account the analyzed documents and how the IT application works, we understand that there has been a violation of the security of personal data, for which the measures provided for in Art. 32, paragraphs (1) and (2) of Art. 33 and Art. 34 of the GDPR Regulation.”, This was announced for HotNews.ro by officials of the Ministry of Environment.

Installers complained about access to personal data of those registered in the program, were checked by AFM

The Environmental Defense Fund released on Wednesday a list of installers validated to install photovoltaic panels in the Casa Verde program, among the 500 validated companies, including those that complained of illegal access to the personal data of program participants. Program.

• VIEW CASA VERDE 2023 VERIFIED INSTALLERS LIST

Thus, individuals and cult units will be able to select from a computer program one of 515 verified installers to verify their documents submitted under the Casa Verde Photovoltaic program.

A possible data leak at Casa Verde was first reported by an investigation by HotNews.ro

HotNews.ro first wrote on July 14, 2023 about the possible leak of information in the Casa Verde 2023 program after we received both phone calls and email notifications about the possible leak of information from AFM to certain solar panel installation companies in this government program.

They blamed being offered by mail or phone certain installers, although they did not provide their personal details, apart from the AFM application, and the list of accredited installers is not public.

After contacting HotNews.ro, representatives of the Ministry of Environment said that in recent days there have been several reports of a possible leak of information in this program and that Minister Mircea Fecet has ordered the Control Authority to check what is happening in AFM. , whose president is Laurentiu Neculaescu.

On Monday, July 17, at the request of HotNews.ro and Protecția Data Delor (ANSPDCP) stated that they are conducting an investigation related to the possible leakage of information from the AFM in the Casa Verde program after several reports received.

The petition even reached the control body of Prime Minister Cholak.

In the petition addressed by HotNews.ro, 5 companies were mentioned, and about 3 of them are Romoffice Construct (a company that recently moved its headquarters from Slobodzia, Jalomica to Voluntari, Ilfov), Casa Prim (from Puchoaza, Dambovica ) and Open DB Security, HotNews.ro wrote separate articles.

Read more:

• Casa Verde 2023 leak: Voluntari company calls registrants to install solar panels, although data must be confidential: “AFM gave us the numbers” / What the Ministry of the Environment says / AFM reaction
• Possible leak of information Casa Verde 2023 and in Dâmbovița: Beneficiary proposed with an email address that he would only provide to AFM / “We send thousands of proposals based on cookies” / The husband of the company owner is PSD treasurer
• A wave of complaints about classified data, the AFM leak at Casa Verde 2023. The petition also reached Čolak / What the government says / Company employee from Yalomica: “Out of 500 numbers, we found about 5”

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