Data Protection in Portugal

Data Protection in Portugal
Data Protection Authority:	CNPD (Portugal)
National Implementation Law (Original):	Lei n.º 58/2019
English Translation of National Implementation Law:	n/a
Official Language(s):	Portuguese
National Legislation Database(s):	Link
English Legislation Database(s):	Link
National Decision Database(s):	Link

Legislation

History

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National constitutional protections

The Portuguese Constitution foresees, in its Article 35, that the concept of personal data and the possibilities for processing and protection will be defined by the law. The same article reaffirms the data subjects' rights.

Article 35 of the Constitution also establishes that it is prohibited the attribution to an unique national number to the citizens.

National GDPR implementation law

In Portugal the GDPR is implemented by the Lei n.º 58/2019.

Age of consent

In Portugal the Age of consent is 13 years old.

Freedom of Speech

Article 24 of Law No. 58/2019 addresses the balance between the right to data protection and the freedom of expression and information. The processing of personal data for journalistic, literary, artistic, or academic purposes must balance the rights and freedoms of data subjects. The exercise of freedom of information, especially when revealing sensitive personal data and personal data data of deceased individuals, must respect human dignity principle and personality rights as enshrined in the Portuguese Constitution and national legislation. Additionally, the freedom of expression does not justify the disclosure of personal data such as addresses and contacts, except for those widely known.

Employment context

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Research

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Other relevant national provisions and laws

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National ePrivacy Law

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Data Protection Authority

The Comissão Nacional de Protecção de Dados is the national data protection authority for Portugal.

→ Details see CNPD (Portugal)

Judicial protection

Civil Courts

Tribunal da Relação de Lisboa - 842/16.5T8ALQ.L1-3 on the monitoring the speed of vehicles through radar and the use of photographic evidence provided by radars on criminal and administrative proceedings, without infringing the right to privacy of drivers.

Tribunal da Relação de Coimbra - 4354/19.7T8CBR-A.C2 on balancing the fundamental right to equal pay for equal work with the right to privacy of workers not included in the lawsuit.

Administrative Courts

Supreme Administrative Court - 0856/20.0BELRA on the understanding of the National Tax Number of the owner of a building as personal data, protected under the right to privacy, or personal data that should be publicly available, under the right of information.

Constitutional Court

Tribunal Constitucional - Ruling 464/2019 on whether the access to traffic data provided for in articles 3 and 4 of the Organic Law of SIS and SIED (Portuguese national security and information agencies) by information officers conforms to the exception contained in the second part of n. 4 of article 34 of the CRP, which allows access to data of this nature in the cases provided for by the law in the area of ​​criminal proceedings.