# Article 81. Investigation

Source: https://conformitate.md/en/law-195-2024/article-81
Law version: 2026-10-15 · Official source: legis.md (https://www.legis.md/cautare/getResults?doc_id=144681&lang=ro)
Notice: The Romanian and Russian texts are those published in Monitorul Oficial. This English text is an unofficial translation by conformitate.md and has no legal force. Not an official publication. The Law was published in Monitorul Oficial No. 367-369/2024, art. 574.

Chapter VIII · Section 2

(1) An investigation is the activity of collecting and administering information on the lawfulness of the processing of personal data, gathered under the conditions laid down in this Law.

(2) If, after the preliminary examination of the complaint, it is considered that, on the basis of the information submitted by the data subject and of the information gathered during the preliminary examination, there are reasonable grounds to suspect an infringement of the legislation on personal data protection, the Centre shall issue an order initiating the investigation.

(3) Ex officio investigations may be carried out:

a) following the submission of personal data breach notifications;

b) to verify data and information on alleged infringements of the legislation on the processing of personal data obtained by the Centre from sources other than those which are the subject of the complaint or of the personal data breach notification, such as referrals or information received from another supervisory authority or from another public authority, correspondence received by the Centre, the mass media, access to the internet, documents recording findings drawn up following other investigations, or any other information. Such sources may constitute grounds for initiating an ex officio investigation only if the circumstances or the information which they contain reasonably indicate a possible infringement of the legislation on the processing of personal data;

c) for the purpose of international cooperation in the field of personal data protection, within the framework of joint operations and the provision of mutual assistance.

(4) The order initiating an ex officio investigation shall contain the necessary analysis and reasoning as to the fulfilment of the conditions laid down in paragraph (3).

(5) An ex officio investigation may be initiated only within the limitation periods provided for in art. 72(2) and (3).

(6) The order initiating the investigation does not establish that an infringement of the legislation on the processing of personal data has been committed. An infringement of the legislation on the processing of personal data shall be established by a decision of the Centre.

(7) When carrying out the investigation, the Centre shall give priority to the possibility of carrying it out by requesting documentation and other information directly from the person under investigation and from other persons involved in the investigation, or by other methods which make it possible to obtain such data. Only where the documentation and information held are insufficient to establish compliance with the legislation by the person under investigation shall the Centre carry out an on-site investigation, by issuing a delegation to that effect. An on-site investigation may be carried out only if there are indications that documents may be found or information may be obtained which are considered necessary for the investigation of the alleged case of infringement of the legislation on personal data protection initiated by order, a fact which need not be demonstrated to the person under investigation. In the case of direct requests for information, without an on-site visit, the Centre shall specify in the requests addressed the particulars indicated in paragraph (8), except for point (a).

(8) The delegation for carrying out the on-site investigation shall contain at least:

a) its number and date of issue;

b) the identification details of the Centre;

c) a reference to the legal provisions on the basis of which the investigation is carried out;

d) the grounds for initiating the investigation;

e) the particulars of the data protection inspectors carrying out the on-site investigation (surname, first name and position);

f) the particulars of the natural or legal person under investigation (as applicable, the name of the person; the fiscal code; the address/registered office of the inspected subdivision and its code; where applicable, other contact details);

g) the subject matter of the investigation;

h) the purpose of the investigation and the aspects to be investigated;

i) the start date of the investigation and its envisaged duration.

(9) The delegation for carrying out the on-site investigation shall be brought to the attention, against signature, of the person under investigation or of the legal or authorised representative. If there is a refusal to receive and sign the delegation, a record shall be drawn up in the presence of two witnesses. The presence of witnesses shall not be necessary where the refusal is recorded by video and audio means.

(10) The data protection inspectors, within the limits of the authority deriving from paragraphs (7) and (8), shall have the following rights:

a) to obtain access to all personal data and to all information necessary for carrying out the investigation, irrespective of the medium on which they are stored, including to any documents, filing systems, software products, equipment and means of data processing;

b) to have access to any areas and premises related to the subject matter and purpose of the investigation which are owned or used by the persons under investigation;

c) to request and receive the information, documents and explanations requested within the time limit set, which shall be reasonable, taking into account the volume and complexity of the information, documents and explanations requested. The time limit may be extended at the reasoned request of the person under investigation;

d) to hear the person under investigation or that person’s legal or authorised representative on the facts relevant to the subject matter of the investigation and, where applicable, to record their answers, including by audio and/or video means, after informing the person heard in advance. On request, a copy of the recording shall be sent to the person under investigation;

e) to request and receive the information relating to the subject matter and purpose of the investigation which is stored on computers or other electronic devices, in a form which allows it to be removed and transported, and examined;

f) to request the support of the authorised subdivisions of the Ministry of Internal Affairs, which shall provide the data protection inspectors with the assistance necessary for carrying out the investigation. Where applicable, experts in particular fields, authorised by the Centre, may also be involved in carrying out the investigation; they shall ensure the confidentiality of the information of which they have become aware in the course of the investigation.

(11) In the course of the investigation, the data protection inspectors shall:

a) inform the person under investigation of that person’s rights and obligations;

b) present the delegation for carrying out the on-site investigation or, where documentation and other information are requested directly from the person under investigation, the information provided for in paragraph (8)(b)–(i);

c) carry out the investigation in accordance with the authority conferred by this Law, taking into account its subject matter and purpose.

(12) In the course of the investigation, the person under investigation shall have the following rights:

a) to obtain a copy of the delegation for carrying out the on-site investigation or, where applicable, the information provided for in paragraph (8)(b)–(i);

b) to present evidence in the course of the investigation;

c) to present explanations, recorded in any form, relating to the subject matter and purpose of the investigation;

d) to be assisted by lawyers or by other representatives authorised in accordance with the legislation.

(13) The person under an on-site investigation may be assisted by a lawyer. The absence of a lawyer shall not prevent the investigative actions from being carried out.

(14) All legal persons under public or private law and all natural persons shall submit to the investigation carried out by the Centre, including by ensuring the conditions for the proper conduct of the investigation.

(15) An on-site investigation shall take place during the working hours of the person under investigation or, in the absence of such hours, between 09:00 and 17:00, and shall be carried out in the presence of the person under investigation or of that person’s representative. The investigation may continue after working hours or, where applicable, after 17:00 only with the agreement of the person under investigation or of that person’s representative.

(16) Access by data protection inspectors to the domicile or residence of a natural person without that person’s consent shall be permitted only on the basis of a judicial warrant issued under the conditions laid down in paragraphs (17)–(20) and presented to that natural person.

(17) Where the inspectors are obstructed in any way in the exercise of their duties, as well as where there is a well-founded suspicion that information, documents, equipment, means or media relevant to the subject matter of the investigation which may be pertinent to proving a serious infringement of this Law are kept in premises, on land or in means of transport occupied by natural persons, the Centre may request a judicial warrant, under the conditions laid down in this Law, by an application to the court within whose territorial jurisdiction the Centre has its seat. The application for authorisation shall contain all the information capable of justifying the investigation, and the judge to whom the application is made shall verify whether the application is well-founded.

(18) A judicial warrant may be issued only if:

a) there is a well-founded suspicion that information, documents, equipment, means or media relevant to the subject matter of the investigation, the production of which has been requested by the Centre in accordance with this Law but which have not been produced within the time limit set, are kept in the premises, on the land or in the means of transport to be investigated;

b) there is a well-founded suspicion that information, documents, equipment, means or media relevant to the subject matter of the investigation, the production of which may be requested by the Centre in accordance with this Law and which, if requested, would not have been produced but would have been concealed, removed, altered or destroyed, are kept in the premises, on the land or in the means of transport to be investigated; or

c) the data protection inspectors have had their access to the premises, land or means of transport to be investigated restricted, impediments having been created by the natural or legal persons under investigation, and there is a well-founded suspicion that information, documents, equipment, means or media relevant to the subject matter of the investigation, the production of which has been requested by the Centre in accordance with this Law, are kept in those premises, on that land or in those means of transport.

(19) The judicial warrant shall contain the purpose and the subject matter of the investigation, the authorisation issued and the right to challenge the warrant by an appeal (recurs). The warrant shall be valid for one month from the date of issue.

(20) Where a warrant is requested, the court shall verify that the order initiating the investigation is authentic and that the envisaged coercive measures are neither arbitrary nor excessive, having regard to the subject matter of the investigation. When verifying the proportionality of the coercive measures, the court may request detailed explanations from the Centre, in particular on the grounds on which the Centre suspects an infringement of this Law, as well as on the seriousness of the suspected infringement, the importance of the evidence sought, the nature of the involvement of the person under investigation in the case and the reasonable likelihood that the information, documents, equipment, means or media relevant to the subject matter of the investigation are kept in the place for which the warrant is requested.

(21) A judicial warrant issued in accordance with paragraphs (17)–(20) may be challenged by an appeal (recurs) to the Chișinău Court of Appeal; the appeal shall not suspend enforcement unless the appeal court orders otherwise.

(22) Paragraphs (17)–(21) shall also apply accordingly where traffic data and/or location data relating to the electronic communications services provided, or access to such data, are requested from providers of electronic communications networks and/or services.

(23) The result of the investigation shall be recorded in the draft decision on the investigation, which shall provide for the finding or the absence of an infringement, as well as the corrective measures and sanctions applied. The draft decision shall be communicated to the data subject and to the controller or processor which have been subject to the investigation, with a period of 30 days being granted for submitting any objections. The time limit provided for in paragraph (25) shall be suspended from the date of communication of the draft decision to the parties until the date of submission of any objections to the draft decision or, where the observations are not submitted within the time limit set, until the expiry of the time limit set for submitting observations.

(24) In carrying out the investigation, the data protection inspector shall be subject to the legal provisions and shall carry out the necessary investigative actions. Any external interference in the investigative activity is prohibited and shall be punished in accordance with the legislation.

(25) The time limit for carrying out the investigation shall be up to 6 months from the date of initiation of the investigation, with the possibility of justified extension by one month at a time, but not more than 12 months from the date of its initiation, depending on the complexity of the case, the volume of information to be obtained and examined, the conduct of the participants in the investigation procedure and other relevant aspects. The Centre shall inform the data subject of the extension of the time limit for carrying out the investigation and of the reasons for that extension.

Related topics [Complaint to Moldova's data protection authority](https://conformitate.md/en/law-195-2024/centre-complaints-and-inspections)

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