Law no. 32/2008 of 17 July entered into force on 5 August 2009, transposing into national legislation Directive no. 2006/24/EC of the European Parliament and of the Council of 15 March on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications.
Providers of these services or networks are now under obligation to retain certain data (IP address, date, time and duration of a communication, etc), under the terms set forth by Administrative Rule no. 469/2009 of 6 May, according to which this information may only be accessed, subject to judicial decision, “for the purpose of the investigation, detection and prosecution of serious crime by competent authorities”. As a general rule the retained data may not reveal the content of the communication. Whereas the exceptions set forth in law in respect of penal procedure and the protection of privacy in the electronic communications sector remain safeguarded.
Related information on ANACOM's website:
- Law 32/2008 of 17 July https://www.anacom.pt/render.jsp?contentId=820279
- Administrative Rule no. 469/2009, of 6 of May https://www.anacom.pt/render.jsp?contentId=951486
