CNPD (Portugal)

Comissão Nacional de Protecção de Dados
Name:	Comissão Nacional de Protecção de Dados
Abbreviation :	CNPD
Jurisdiction:	Portugal
Head:	Paula Meira Lourenço
Deputy:	n/a
Adress:	Av. D. Carlos I, 134, 1º 1200-651 Lisboa PORTUGAL
Webpage:	www.cnpd.pt
Email:	geral@cnpd.pt
Phone:	+351 21 392 84 00
Fax:	+351 21 397 68 32
Procedural Law:	Lei n.º 43/2004 - Diário da República n.º 194/2004, Série I-A de 2004-08-18, alterada pela lei 58/2019 de 2019-08-08
Decision Database:	CNPD
Translated Decisions:	Category:CNPD (Portugal)
Head Count:	29 (end of 2023)
Budget:	2.976.534,00 € (2023)

The Comissão Nacional de Protecção de Dados "CNPD" is the national Data Protection Authority for Portugal.

It is an independent administrative body, with legal personality under public law and powers of authority, endowed with administrative and financial autonomy, which operates within the Portuguese Parliament.

CNPD monitors and supervises compliance with the GDPR, Law 58/2019, Law 59/2019 and Law 41/2004, as well as other legal and regulatory provisions on the protection of personal data, in order to defend the rights, freedoms and guarantees of natural persons in the processing of their personal data.

CNPD began operating on 7 January 1994 as "Comissão Nacional de Protecção de Dados Pessoais Informatizados" or "CNPDPI" (National Commission for the Protection of Informatised Personal Data, in english). CNPD's current name was established in 1998, when Directive 95/46/EC was transposed into Portuguese law by Law 67/98 of 26 October.

The Commission's headquarters are in Lisbon: CNPD's first address was at Rua de S. Bento, 148, 3^rd floor, having moved to its current premises in the summer of 2018.

Structure

The CNPD, the Portuguese Data Protection Authority, is a collegial body composed by members of recognized integrity and merit. The status of the members guarantees their independence in exercising their functions. They have a five-year mandate and take office before the President of the Portuguese Parliament.

The Portuguese Data Protection Authority is composed of seven members:

• The Chairman and two members elected by the Parliament;
• One legal magistrate, with over 10 years’ experience, appointed by the Magistrature Council;
• One magistrate from the Public Prosecution Service, with over 10 years’ experience, appointed by the Public Prosecution Council;
• Two members appointed by the Government.

Procedural Information

Applicable Procedural Law

Law 43/2004, of August 18^th (Law on the organisation and operation of the CNPD), altered and republished by Law 58/2019, of August 8^th (the Portuguese Data Protection Law, supplementing the GDPR).

Decree-Law 4/2015, of January 7^th, altered by Law 72/2020, of November 11^th and by Decree-Law 11/2023, of February 10^th, the Portuguese Administrative Procedure Code.

Regulation 310/2020, of March 31^st, on the value of fees to provide GDPR related services (accreditation of certificate issuing organisations, DPIA prior consultation, among others).

Regulation 757/2020, of September 10^th, on the organisation and functioning of support services for the CNPD.

Complaints Procedure under Article 77 GDPR

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Ex Officio Procedures under Article 57 GDPR

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Appeals

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Practical Information

Filing with the DPA

The DPA provide one general and three specific forms to submit a complaint:

• General complaints, only in Portuguese: https://www.cnpd.pt/cidadaos/participacoes/geral/
• Unsolicited marketing (spam), only in Portuguese: https://www.cnpd.pt/cidadaos/participacoes/marketing-nao-solicitado-spam/
• Biometric data, only in Portuguese: https://www.cnpd.pt/cidadaos/participacoes/dados-biometricos/
• Video surveillance, only in Portuguese: https://www.cnpd.pt/cidadaos/participacoes/videovigilancia/

Known Problems

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Filing an Appeal

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Decision Database

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Statistics

Funding

CNPD's 2023 budget was 2.976.534,00 euros, with 2.869.190,00 euros coming from the Portuguese National Budget and 107.344,00 euros from the CNPD itself (self-funding). CNPD started 2024 with a positive cashflow of 347.566,78 euros (9.288.467,12 euros of total revenue & 8.940.900,34 euros of expenses).

CNPD's 2020 budget was 2.385.701,00 euros, with 2.375.701,00 coming from the Portuguese National Budget and 10.000,00 euros from the CNPD itself (self-funding).

CNPD's 2019 budget was 2.152.445,00 euros, with 2.077. 445,00 euros allocated to the CNPD by the Portuguese National Budget, 75.000,00 euros from the CNPD itself (self-funding) and 181.600 euros as a "special credit" from past budget surpluses (7.104.093,21 euros in positive cash flow).

Personal

In 2023 (end) CNPD had 29 employees.

In 2020 CNPD had 24 employees.

In 2019 CNPD had 25 employees.

Caseload

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Fines

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Annual Reports

CNPD 2023 Annual Report (in Portuguese)

CNPD 2022 Annual Report (in Portuguese)

CNPD 2021 Annual Report (in Portuguese)

CNPD 2019/2020 Bi-annual Report (in Portuguese)

CNPD 2017/2018 Bi-annual Report (in Portuguese)