The President of the Republic vetoed the change in the law on metadata and asked the Parliament, if possible, to find a better solution in the current legislative session regarding the unconstitutionality declared this Monday by the Constitutional Court.
“Given the urgency and sensitivity of the matter under consideration, the President of the Republic also asked the Assembly of the Republic to consider, if possible, during the current legislative session, the best solution to the problem of declared unconstitutionality,” reads a note published on the website of the President.
The note indicates that Marcelo Rebelo de Souza vetoed changes to the Law regulating access to metadata relating to electronic communications for the purposes of criminal investigations.
“By the decision of the Constitutional Court, which considered unconstitutional part of the diploma submitted for the preventive review of constitutionality, the President of the Republic returned it to the Assembly of the Republic without promulgation in accordance with the provisions of paragraph 1 of Article 279 of the Constitution. , Decree of the Assembly of the Republic regulating access to metadata relating to electronic communications for the purposes of criminal investigations, introducing a second amendment to Law No. 32/2008 of 17 July, which transposes Directive 2006/ into the domestic legal system. .24/CE of the European Parliament and of the Council of 15 March,” the same note says.
This Monday, the Constitutional Court declared unconstitutional a parliamentary resolution regulating access to communications metadata for the purposes of criminal investigations for exceeding “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 Joao Abrantes, who said nine judges to three had ruled that the decree’s rule, which provides for the widespread retention of up to six months of traffic and location data, 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.
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 two 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.
Author: Lusa
Source: CM Jornal
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