Portuguese Constitutional Court unanimously rules on the unconstitutionality of the so-called Cybercrime Law

The Constitutional Court, in a press release from August 30, 2021, announced that it had decided to rule unconstitutional the norms of article 5 of Decree 167/XIV, of the Portuguese Parliament, in the part that amends article 17 of Law 109/2009, of September 15 (known as the “Cybercrime Law”).

The Court held that the said rules resulted in a disproportionate restriction of the fundamental rights to inviolability of correspondence and communications and protection of personal data in the context of the use of information technology, as specific manifestations of the right to privacy; and, on the other hand, a violation of the principle of the reserve of the courts and of constitutional guarantees of defense in criminal proceedings.

Click HERE to access the press release.

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