«José Luís Moreira da Silva, a lawyer specialising in public law and a Partner at SRS Legal, argues that this situation constitutes a conflict of interests, both of which are legally protected. “Where there is a conflict, the solution must prioritise transparency over the protection of personal data, as in this case it concerns a political donation, with the donor fully aware of its purpose. Keeping the donor’s name secret essentially undermines the right to transparency in public life, and therefore its protection must give way to the overriding interest of transparency in public life”.
The legal expert further argues that CADA merely applied its usual interpretation, “without taking into account the very specific circumstances of this particular case: donations to a political campaign, which are subject to the fundamental principle of transparency. Voters have the right to know who is funding their candidate”. He concluded that “he would appeal the ECP’s decision to the Constitutional Court”.»