Data Protection in Portugal

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Data Protection in Portugal
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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[edit | edit source]

History[edit | edit source]

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National constitutional protections[edit | edit source]

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[edit | edit source]

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

Age of consent[edit | edit source]

In Portugal the Age of consent is 13 years old.

Freedom of Speech[edit | edit source]

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Employment context[edit | edit source]

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Research[edit | edit source]

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Other relevant national provisions and laws[edit | edit source]

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National ePrivacy Law[edit | edit source]

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Data Protection Authority[edit | edit source]

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

→ Details see CNPD (Portugal)

Judicial protection[edit | edit source]

Civil Courts[edit | edit source]

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[edit | edit source]

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[edit | edit source]

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.