The Metadata Law stipulates the retention of traffic and location data from communications made for one year, with possible use, if necessary, in criminal investigations. Telecommunications operators spend 850,000 euros annually to maintain and process the metadata requested by judicial authorities, but there has been no type of supervision.
The reason is related to the Charter
The CNPD decided to “disapply” the legislation in force in Portugal, with regard to its power to monitor compliance with the security Shandong Mobile Number List conditions for this storage, as well as the transmission of data to the judicial authorities. Fundamental Rights of the European Union, which, according to the CNPD, was at stake, as well as the 2014 decision of the Court of Justice of the European Union (CJEU) that considered the directive illegal.
Operators’ metadata databases
It is worth remembering that the Hong-Kong B2C Phone List Attorney General of the Republic, LucĂlia Gago, argued that the decision of the Constitutional Court (TC) on the metadata law is null and void, as she believes there is a “contradiction between the grounds and the judgment of unconstitutionality”.