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CONSTITUTION OF THE PORTUGUESE REPUBLIC

ARTICLE 35

Use of computerised data

 

 

  1. All citizens have the right of Access to any computerised data relating to them and the right to be informed of the use for which the data is intended, under the law; they are entitled to require that the contents of the files and records be corrected and brought up to date.

  2. The law shall determine what are personal data as well as the conditions applicable to automatic processing, connection, transmission and use thereof, and shall guarantee its protection by means of an independent administrative body.

  3. Computerised storage shall not be used for information concerning a person’s ideological or political convictions, party or trade union affiliations, religious beliefs, private life or ethnic origin, except where there is express consent from the data subject, authorisation provided under the law with guarantees of non-discrimination or, in the case of data, for statistical purposes, which does not identify individuals.

  4. Access to personal data of third parties is prohibited, except in exceptional cases as prescribed by law.

  5. Citizens shall not be given an all-purpose national identity number.

  6. Everyone shall be guaranteed free access to public information networks and the law shall define the regulations applicable to the transborder data flows and the adequate norms of protection for personal data and for data that should be safeguarded in the national interest.

  7. Personal data kept on manual files shall benefit from protection identical to that provided for in the above articles, in accordance with the law.