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Data Protection in the Internet: The Portuguese Case

  • Alexandre Sousa PinheiroEmail author
Chapter
Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 38)

Abstract

In Portuguese Law, data protection in electronic communications is enshrined in the Constitution and also in laws transposing European legal acts and in internal regulations.

The Portuguese Data Protection Authority has the power to supervise and monitor communications of all types, including electronic communications.

In what concerns the monitoring of employees through CCTV cameras, the Labour Code states that the employer may not use distance surveillance means at the workplace by technological equipment.

Under Portuguese Law, the storage of data in the equipment of the user is only allowed if previous consent has been given, based on full and clear information. This rule is especially applicable to “cookies”. The Law establishes some exceptions concerning the technical nature of “cookies”. The rights of the data user in electronic communications provided for by Portuguese law are identical to those defined in the EU’s General Data Protection Regulation (GDPR).

References

  1. Pinheiro AS (2015) Privacy e Protecção de Dados Pessoais: A Construção Dogmática do Direito à Identidade Informacional. AAFDL, LisbonGoogle Scholar
  2. Pinheiro AS, Coelho CP, Duarte T, Gonçalves CJ, Gonçalves CP (2018) Comentário ao Regulamento Geral de Proteção de Dados. Almedina, CoimbraGoogle Scholar

Copyright information

© Springer Nature Switzerland AG 2020

Authors and Affiliations

  1. 1.University of Lisbon, Faculty of LawLisboaPortugal

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