ILN Data Privacy Paper

Portugal

under preparation in European or international; Monitoring compliance with the provisions of the GDPR and other legal and regulatory provisions related to the protection of personal data and the rights, freedoms and guarantees of data subjects, and to correct and penalize non-compliance; Keep available an updated list of processing operations subject to data protection impact assessment, pursuant to Article 35(4) GDPR, also defining criteria enabling to specify the notion of high risk provided for in this article; Prepare and submit to the European Data Protection Board draft criteria for the accreditation of code of conduct monitoring bodies and certification bodies, under the terms of articles 41 and 43 GDPR, and ensure the subsequent publication of the criteria, if approved; Co-operate with the Portuguese Accreditation Institute, I.P. (IPAC, I.P.). in relation to the application of the provisions of Article 14 PDPL, as well as in the definition of additional accreditation requirements, with a view to safeguarding consistency in the application of the GDPR. Furthermore, the CNPD exercises the powers laid down in Article 58 GDPR. In addition to general data protection laws, there are specific laws that may affect data protection in certain sectors (notably, the personal data and privacy www.mgra.pt

protection electronic communications sector – Law no. 41/2004, of 18 August 2004, as amended). in the In this regard, ANACOM is responsible for the regulation and supervision of the electronic communications sector in Portugal, including data protection in certain contexts such as telecommunications and Internet services (i.e., ensuring the security of networks, electronic communications services, privacy in electronic communications and data protection in telecommunications services). In addition to these authorities, other bodies may have a relevant role in data protection in Portugal, such as the Public Prosecutor's Office that investigates cases of serious breaches of data protection, and the National Council for Ethics in the Life Sciences which can issue opinions on ethical issues related to the processing of personal data in the context of health and biomedical research. 8.3 Role, functions and powers of civil/criminal courts in the field of data regulation In Portugal, without prejudice to the right to lodge a complaint with the CNPD, any person may seek administrative protection, specifically of a petitionary or impugnatory nature, to ensure compliance with the legal provisions on the protection of personal data, under the terms of the Code of Administrative Procedure.

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