The Socialist Party will evaluate the decision of the Constitutional Court before deciding on further steps

On Monday, the PS said it would assess the Constitutional Court’s decision on the metadata decree before deciding whether it would seek a new solution before parliament was dissolved.

In response to Lusa, PS deputy Pedro Delgado Alves, who was part of the metadata working group, indicated that the Socialist College would still “read and evaluate the ruling” of the Constitutional Court (TC) and only then decide “on the next steps to give “

This Monday, the CU declared unconstitutional a parliamentary resolution that regulates access to communication metadata for the purposes of criminal investigations for exceeding “the limits of proportionality in restricting fundamental rights.”

The announcement was made at the TC’s headquarters in Lisbon by its president José Joao Abrantes, who said nine judges to three had ruled that the decree’s rule, which mandates the widespread storage of traffic and location data, was unconstitutional. up to six months.

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.

The rule declared unconstitutional by the TC this Monday provided that traffic and location data would be retained in aggregate form “for a period of three months from the date of completion of the communication, noting that this period is extended to six months unless its owner objects.” “

The judges of Palacio Ratton found that other rules, the assessment of which the President of the Republic requested, were not unconstitutional.

In particular, the articles that provide that data must be stored “in Portugal or in the territory of another Member State of the European Union” are consistent with the Constitution and that data subjects must generally be notified “within a maximum period of time.” 10 days” upon access to the relevant data.

This decree, developed jointly by the PS and PSD, was a way for MPs to try to circumvent the declaration of unconstitutionality that had already been declared by the TC regarding the so-called metadata law on April 12, 2022.