If you’ve ever been tempted to pull out your phone and start recording an incident in Romania—whether on the bus, in a public office, or even a police station—it’s important to understand the legal boundaries. Here’s a breakdown of what the law says and what rights you have when it comes to filming in different situations.
Romanian Law and the Right to Record
Romanian law does not prohibit private individuals from recording video or audio in public spaces, as long as:
- The space is public or semi-public
- The recording doesn’t violate someone’s right to privacy in a private context
- The footage is not used for defamation, blackmail, or commercial purposes without consent
Let’s look at specific situations.
🎫 STB Controllers (Public Transport Inspectors)
STB (Societatea de Transport București) controllers often check tickets and IDs. You can film the interaction as long as:
- You are in a public area of the bus or tram
- You don’t obstruct their activity or cause a disturbance
They may claim they’re not public officials—but in court rulings and legal interpretation, ticket inspectors performing a public duty can be filmed. You should, however, avoid filming their ID number too closely or publishing the footage with personal insults.
TIP: Announce that you’re recording “for your protection” and remain calm.
🚓 Police Officers
According to Romanian case law and European Court of Human Rights principles, you are allowed to film police officers while they are performing their duties in public. This includes:
- Traffic stops
- Street patrols
- Public order checks
Police cannot legally force you to stop recording, delete your video, or take your phone—unless:
- You interfere with their activity
- You’re inside a restricted or private area (like their HQ)
- You’re obstructing justice or public order
Inside a police station, however, things change.
🏢 Filming Inside Police Stations or Public Offices
In public offices, such as city halls or tax offices, recording is generally allowed in public-facing areas (where the public interacts with staff), unless:
- There’s a visible “no recording” sign
- You enter a restricted or staff-only area
In police stations, you should NOT film without explicit permission, especially:
- In investigation rooms
- In custody areas
- When other citizens’ data or rights may be compromised
Filming police misconduct is a gray area in these spaces, and courts could still side with the individual if the footage proves wrongdoing. But you could also be fined or face charges for violating internal rules or personal data laws (GDPR).
📱 What About GDPR?
GDPR protects personal data, not the right to record in public spaces. If you:
- Film people without publishing the video, you’re generally safe
- Blur or anonymize faces before sharing, that helps you comply with GDPR
- Publish videos exposing illegal or abusive behavior, you may be covered under public interest or freedom of expression, especially if the people filmed are public officials
Can I Film If I’m Being Abused in a Place That Bans Filming?
Imagine you’re in a bar, restaurant, or mall in Romania. Someone is verbally or physically abusing you. You pull out your phone to film the situation—either to protect yourself, gather evidence, or have a record for police. But then you see a sign: “Filming and photography not allowed in this space.” What now?
Let’s break it down legally and practically.
🛡️ 1. Your Right to Protect Yourself Comes First
Under Romanian law, as in many EU countries, you have the right to protect your physical integrity and personal safety. This includes the right to gather evidence if you are the victim of:
- Harassment
- Verbal abuse
- Physical assault
- Intimidation or threats
Filming in this context can be considered self-defense, especially if there’s no other way to prove what’s happening.
🔍 Key point: Even if the space is private (e.g. a bar or mall), you do not lose your legal rights as a person. A private sign doesn’t cancel criminal law.
⚖️ 2. What About the “No Filming” Sign?
Those signs are typically meant to protect:
- Other guests’ privacy
- Proprietary designs or business secrets
- Commercial branding
These restrictions are not enforceable if you are filming in self-defense or documenting a crime in progress.
If you later publish or share that video online without consent, you could face legal consequences for privacy violation—but just recording for evidence or to show police is not illegal if you’re being abused.
🛑 Businesses and their private guards cannot stop you from recording evidence of a crime, even if they display signs against filming.
📲 3. How to Film Smart (and Safe)
- Record clearly and calmly, showing what’s happening
- Try to catch faces, actions, and context (but don’t provoke)
- Save the video in the cloud or send it to someone you trust immediately
- Tell staff or security you’re filming because you feel unsafe
This might even make the aggressor stop.
🏛️ 4. If Police Are Involved
If you report the abuse, you can show the video as evidence. Romanian police can use it during their investigation, especially if:
- The abuser denies wrongdoing
- There are no witnesses who speak up
- You are physically or psychologically harmed
Remember: you’re not a criminal for defending yourself with your phone.
✅ Summary: What You Can Do
Situation | Legal to Film? | Notes |
---|---|---|
Someone insults or threatens you | ✅ Yes | For evidence only |
Physical aggression or harassment | ✅ Yes | Crucial for police |
You just want a selfie in a mall | 🚫 Usually No | Respect the posted signs |
You publish someone’s face online | ⚠️ Risky | Might violate GDPR or privacy laws |
⚖️ Final Advice
- Always stay calm, announce your intention, and avoid escalating.
- Record to protect yourself, not to provoke.
- If police or officials become aggressive, do not delete the video—you have the right to retain evidence.
- If you’re fined or your phone is confiscated, you can contest the action in court.
Legal Overview: When You Can and Cannot Film with Your Phone in Romania
Situation | Is it Legal? | Notes | Applicable Laws |
---|---|---|---|
Filming in public spaces (streets, squares, parks) | ✅ Generally yes | Allowed if not intrusive or targeting individuals without cause | Constituția României art. 30, Cod civil art. 73 |
Filming people in public without their consent | ⚠️ Conditional | Legal if not harassing, defamatory, or invading privacy | Cod civil art. 72–73, GDPR, Legea 190/2018 |
Publishing videos of identifiable individuals (e.g. online) | ❌ Without consent | Needs consent unless for public interest, news, or public figures | GDPR, Legea 190/2018, Cod civil art. 73 |
Filming authorities/police in public | ✅ Yes, with limits | Legal if not obstructing duties; may be challenged in practice | Constituția României art. 30, Cod penal art. 226, GDPR |
Filming private property (inside homes, offices, stores) | ❌ Without consent | Not allowed unless you have permission | Cod penal art. 226, Cod civil art. 72 |
Filming in hospitals, schools, public institutions | ⚠️ Restricted | Needs institutional approval; often limited by internal rules | Legea 333/2003, GDPR, Cod civil art. 73 |
Filming protests or public events | ✅ Yes | Allowed in public interest unless causing harm | Legea 60/1991, Constituția României art. 30, GDPR |
Using recordings in court or as legal evidence | ⚠️ Case-by-case | Must respect privacy laws; depends on how evidence was obtained | Cod penal art. 226–227, Cod procedură civilă/penală |
Secretly recording private conversations | ❌ Illegal | Considered violation of privacy unless justified by public interest | Cod penal art. 226, Constituția României art. 26 |
Recording police abuse or misconduct in public | ✅ Allowed | Public interest may override privacy, but can still be challenged | Constituția României art. 30, GDPR art. 85, Cod civil art. 73 |
📜 List of Relevant Romanian Laws
- Constituția României (Romanian Constitution)
- Art. 30 – Libertatea de exprimare
Guarantees freedom of expression, including the right to collect and disseminate information. - Art. 26 – Viața intimă, familială și privată
Protects privacy and personal dignity, which may limit filming individuals without consent in private contexts.
- Art. 30 – Libertatea de exprimare
- Codul civil (Civil Code)
- Art. 72 – Respectul vieții private și demnității umane
Individuals can oppose the recording and use of their image if it affects their dignity or private life. - Art. 73 – Consimțământul persoanei filmate sau fotografiate
Consent is required to publish images or recordings if the person is identifiable, unless in specific exceptions (public figures, public interest, etc.).
- Art. 72 – Respectul vieții private și demnității umane
- Codul penal (Penal Code)
- Art. 226 – Violarea vieții private
Penalizes unauthorized recording in spaces where privacy is expected (e.g., home, office). - Art. 227 – Divulgarea informațiilor secrete de serviciu sau nepublice
Relevant when filming includes confidential or non-public information.
- Art. 226 – Violarea vieții private
- Legea nr. 190/2018 privind măsuri de punere în aplicare a GDPR
- National implementation of the EU General Data Protection Regulation (GDPR).
- Filming people where they can be identified may be considered personal data processing, subject to legal basis and purpose.
- Consent is often required unless exceptions apply (e.g. legitimate interest, journalism, artistic expression).
- Regulamentul (UE) 2016/679 – GDPR
- Governs processing of personal data, including video recordings.
- Important if footage is stored, published, or systematically used.
- Legea nr. 8/1996 privind dreptul de autor și drepturile conexe
- May apply if filming involves copyrighted material or performances.
- Legea nr. 60/1991 privind organizarea și desfășurarea adunărilor publice
- Filming protests or demonstrations may fall under specific legal protections and limitations.
- Legea nr. 333/2003 privind paza obiectivelor, bunurilor, valorilor și protecția persoanelor
- Relevant if filming takes place in areas with private security or restricted zones.
Conclusion
In Romania, filming is legal in most public contexts, but the key is to know your rights and exercise them responsibly. Use your phone wisely—it can be a powerful tool for truth and accountability.