Type: Judgment

Authority: National Courts Supreme Court (Portugal))

Date: 12/04/2023

Subject: The decision of the Constitutional Tribunal stated the constitutional illegitimacy of certain norms of Decree n. 91/XV of the Parliament, which rules the access to metadata concerning electronic communications for criminal investigations, transposing Directive 2006/24/EC, since they introduced disproportionate restrictions to the right to informational self-determination and to private life, and which applies articles 7 and 8 of the EU Charter of Fundamental Rights, EU legislation relevant in such matter and the jurisprudence of the Court of Justice

Parties: Presidente da República

Original language: Portuguese

Classification: Freedoms - Art. 7 Privacy - Art. 8 Personal data: fairly processing

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