On Monday, August 30, the Constitutional Court unanimously ruled that rules in the Cybercrime Act providing for access to emails without a judge’s order are unconstitutional, following a request for review by President Marcelo Rebelo de Sousa.
In a statement read by the President of the Court, Joao Coopers, the judges said that these rules will imply a limitation of the fundamental rights of inviolability of correspondence and communications and the protection of personal data in the use of information technology. Manifestations of the right to privacy in violation of the principle of personality.
At the same time, the decision, written by Chancellor Mariana Canutillo and taken by the seven judges who incorporated the first team for a period of judicial leave, indicated a violation of the principle of judge’s reserve and the Constitution guarantees the defense in criminal proceedings.
Mr. Rebelo de Sousa had requested the search by the court on 4 August. In a note posted on the presidency’s website, the head of state said the legislator took the opportunity to amend rules not directly covered by the directive.
The government’s proposal on a cybercrime law facilitating the Prosecutor General’s Office access to communications was approved by the votes of the Socialist Party (PS), Left Bloc, PAN, EPI, Chega and non-attached. Cristina Rodriguez and Joaquin Catar Moreira, with PCP, CDS-PP and the Liberal Initiative all abstaining.
