(vi) Illegal reproduction of protected programs—Whoever illegally reproduces,
discloses or communicates to the public a legally protected computer program,
shall be punishable by imprisonment up to 3 years or by a fine (Article 8/1).
In terms of interception of communication data, Law no. 109/2009 is applicable
without prejudice to the regime laid down in Law no. 32/2008, of 17 July, which
provides for the following:
(i) Seizure of emails or similar communication records—“Whenever, in the course
of a computer system search, or of another legitimate means of access to a
computer system, emails or similar communication records are found, which
stored in that computer system or in another system and which can be lawfully
accessed from the former, the competent judicial authority shall authorize or
order the seizure of data deemed to be of major interest to uncover the truth or to
collect evidence, applying as appropriate the regime of seizure of correspondence provided for in the Criminal Procedure Code” (Article 17).
(ii) Interception of communications
– The interception of communications shall be permitted in proceedings for
criminal offences: (a) Provided for in the said law; or (b) Committed by
means of a computer system or which require the collection of electronic
evidence, where such criminal offences are provided for in Article 187 of the
Criminal Procedure Code.
– Interception and recording of transmission of computer data shall only be
authorized during the investigation stage, where there are reasons to believe
that this measure is essential to the uncovering of the truth or that, otherwise,
it would be impossible or very difficult to obtain evidence, on the basis of a
substantiated order from the examining judge, further to a request from the
Public Prosecutor.
– The interception may concern the recording of data on the content of
communications or aim only at the collection and recording of traffic data,
and the order referred to in the preceding (Article 18).
In what concerns data retention, Law no. 32/2008, of 17 July 2008, is
applicable.
10
The scope of the law comprises the “Retention and transmission of traffic and
location data on both natural persons and legal entities, and of the related data
necessary to identify the subscriber or registered user, for the purpose of the
investigation, detection and prosecution of serious crime by competent authorities,
transposing to the national legal order Directive 2006/24/EC of the European
Parliament and of the Council of 15 March 2006, on the retention of data generated
or processed in connection with the provision of publicly available electronic
communications services or of public communications networks, and amending
Directive 2002/58/EC of the European Parliament and of the Council of 12 July
10 https://www.anacom.pt/render.jsp?contentId¼976199.
Data Protection in the Internet: The Portuguese Case
281
discloses or communicates to the public a legally protected computer program,
shall be punishable by imprisonment up to 3 years or by a fine (Article 8/1).
In terms of interception of communication data, Law no. 109/2009 is applicable
without prejudice to the regime laid down in Law no. 32/2008, of 17 July, which
provides for the following:
(i) Seizure of emails or similar communication records—“Whenever, in the course
of a computer system search, or of another legitimate means of access to a
computer system, emails or similar communication records are found, which
stored in that computer system or in another system and which can be lawfully
accessed from the former, the competent judicial authority shall authorize or
order the seizure of data deemed to be of major interest to uncover the truth or to
collect evidence, applying as appropriate the regime of seizure of correspondence provided for in the Criminal Procedure Code” (Article 17).
(ii) Interception of communications
– The interception of communications shall be permitted in proceedings for
criminal offences: (a) Provided for in the said law; or (b) Committed by
means of a computer system or which require the collection of electronic
evidence, where such criminal offences are provided for in Article 187 of the
Criminal Procedure Code.
– Interception and recording of transmission of computer data shall only be
authorized during the investigation stage, where there are reasons to believe
that this measure is essential to the uncovering of the truth or that, otherwise,
it would be impossible or very difficult to obtain evidence, on the basis of a
substantiated order from the examining judge, further to a request from the
Public Prosecutor.
– The interception may concern the recording of data on the content of
communications or aim only at the collection and recording of traffic data,
and the order referred to in the preceding (Article 18).
In what concerns data retention, Law no. 32/2008, of 17 July 2008, is
applicable.
10
The scope of the law comprises the “Retention and transmission of traffic and
location data on both natural persons and legal entities, and of the related data
necessary to identify the subscriber or registered user, for the purpose of the
investigation, detection and prosecution of serious crime by competent authorities,
transposing to the national legal order Directive 2006/24/EC of the European
Parliament and of the Council of 15 March 2006, on the retention of data generated
or processed in connection with the provision of publicly available electronic
communications services or of public communications networks, and amending
Directive 2002/58/EC of the European Parliament and of the Council of 12 July
10 https://www.anacom.pt/render.jsp?contentId¼976199.
Data Protection in the Internet: The Portuguese Case
281