Constitution of The Portuguese Republic

Constitution

Portuguese Republic

Article 35 Use of information technology

  1. Every citizen has the right of access to all computerised data that concern him, which he may require to be corrected and updated, and the right to be informed of the purpose for which they are intended, as laid down by law.
  2. The law shall define the concept of personal data, together with the terms and conditions applicable to its automatised treatment and its linkage, transmission and use, and shall guarantee its protection, particularly by means of an independent administrative entity.
  3. Information technology may not be used to treat data concerning philosophical or political convictions, party or trade union affiliations, religious faith, private life or ethnic origins, save with the express consent of the datasubject, or with an authorisation provided for by law and with guarantees of nondiscrimination, or for the purpose of processing statistical data that are not individually identifiable.
  4. Third-party access to personal data is prohibited, save in exceptional cases provided for by law.
  5. The allocation of a single national number to any citizen is prohibited.
  6. Everyone is guaranteed free access to public-use information technology networks. The law shall define the regime governing cross-border data flows, and the appropriate means for protecting both personal data and other data whose safeguarding is justified in the national interest.
  7. Personal data contained in manual files enjoy the same protection as that provided for in the previous paragraphs, as laid down by law.