The Foundation For The Defense Of Citizens Against State Abuses (FACIAS) has won a victory in court against the General Inspectorate of the Romanian Police (IGPR), to the benefit of all drivers in Romania. The Bucharest court ordered the IGPR to disclose essential information on the accuracy of drug tests used in roadside checks.
In the judgment, the judges ruled that the police are required to explicitly state the accuracy of the tests utilised in traffic control, i.e. their effectiveness, error rate, and the influence of drugs, food, or supplements on the results. Furthermore, the IGPR is required to provide information on the new tests it intends to purchase: the estimated number, cost and timetable for nationwide distribution.
FACIAS submitted a request for this data in July 2024, with a particular focus on the Drager DrugTest 5000 machines in the possession of the Traffic Police. For these, there was no clear information on the accuracy or possible causes of false positive results. In a subsequent response, the IGPR confirmed that it utilises approximately 800 of these devices, with each one being priced at almost 14,000 lei. The institution has stated that the tests provide only preliminary results, which require confirmation by laboratory analysis. However, the institution did not provide answers to questions regarding the error rate, interactions with other substances, or the technical validation of the equipment.
FACIAS highlights the potential repercussions of a false positive result, including the suspension of a driver's licence, criminal prosecution, or severe tarnishment of the reputation of an innocent individual. This underscores the imperative for transparency in the utilisation of these testing methodologies.
The court's decision serves to affirm the citizen's right to comprehensive information, particularly in proceedings that may bear significant legal and personal ramifications. FACIAS has called upon the IGPR to comply with the ruling and to make all drug test data available to the public.