This Monday, the Constitutional Court declared unconstitutional a parliamentary resolution that regulates access to communications metadata for the purposes of criminal investigations because it exceeds “the limits of proportionality in restricting fundamental rights.”
The announcement was made at the headquarters of the Constitutional Court (CC) in Lisbon by its president, José João Abrantes, who said nine judges had ruled that the decree’s rule, which requires the retention of traffic and location data for up to six months, was unconstitutional.
According to Justice Palacio Ratton, the rule in question goes beyond “the limits of proportionality in limiting the fundamental rights to informational self-determination and the preservation of the intimacy of private life.”
The decree was approved by the Assembly of the Republic in a final global vote on October 13 with votes in favor of PS, PSD and Chega and votes against IL, PCP, BE and Livre and was subsequently dispatched by the President. Republics in the Customs Union to monitor its compliance with the Basic Law.
Author: Lusa
Source: CM Jornal
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