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Portugal kept law that violated European law for nine years: eleven questions and answers to understand the metadata imbroglio (with Luís Neto Galvão)
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Expresso (online) March 1 2023

Portugal kept law that violated European law for nine years: eleven questions and answers to understand the metadata imbroglio (with Luís Neto Galvão)

Portugal kept law that violated European law for nine years: eleven questions and answers to understand the metadata imbroglio (with Luís Neto Galvão)

""Many countries have eliminated the laws that resulted from the transposition of directive 2006/24/EC or even ended the possibility of data retention. Other countries chose to make adjustments to the laws they already had in place," describes Luís Neto Galvão, a specialist in privacy and technology issues at SRS Legal who has carried out work with various international entities in this area. "In 2014, it was already clear that the government had to change the law, because the one that was in force was not working," adds the lawyer.

(...)

"All this is very serious. What should be done by the Government ended up being done by the Constitutional Court in defence of all of us", defends Luís Neto Galvão.

(...)

The ruling of the Constitutional Court does not apply limitations to the repositories that the different operators that can keep these descriptive data of the communications for a maximum of six months. "The police can request a judge's order to have access to these data kept by the operators," points Luís Neto Galvão, as an alternative to the end of the criminal investigation repositories that were kept for one year, under law 32/2008."

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