ABSTRACT

Within the Portuguese juridical framework, personal data protection has legal and also constitutional dignity. Article 35 of the Portuguese Constitution of 1976 is a special provision on data protection. The Code of Medical Ethics, approved by Decree-Law 282/77, of 5 July, is also important, especially given its references to medical secrecy. The Portuguese Data Protection Act, implementing Directive 95/46/EC, aims to protect fundamental rights and freedoms, particularly privacy, in relation to the processing of personal data. The right to information established in Articles 10 and 11 of the Directive has been implemented by the Portuguese Data Protection Act in Article 10. The conditions of processing anticipated in Articles 6 and 7 of Portuguese law are limitative/restricted. The data controller may only use the data collected for the purposes stipulated at the outset to the data subject. In Portugal, there is only one Data Protection Authority which is an independent body with constitutional dignity.