Data Protection in Portugal: Difference between revisions
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===National constitutional protections=== | ===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 | 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=== | ===National GDPR implementation law=== | ||
Revision as of 13:31, 3 May 2023
| 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
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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.
