PortugalLei n.º 41/2004, Article 4, Inviolability of Electronic Communications
Artigo 4.º da Lei n.º 41/2004, de 18 de agosto
In force since .
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Consent, Prohibition
As of .
What it requires
- If you offer electronic communications networks or services, guarantee the inviolability of communications and of the related traffic data carried over public communications networks and publicly available electronic communications services.NIST Privacy FrameworkPR.DS-P2
- Do not eavesdrop, install listening devices, store, or otherwise intercept or monitor communications and the related traffic data as a third party without the prior and express consent of the users, except in the cases provided for by law.NIST Privacy FrameworkCT.PO-P1
- Record communications and the related traffic data in lawful commercial practice, to prove a commercial transaction or any other communication made within a contractual relationship, only if the data subject has been informed and has given consent.NIST Privacy FrameworkCT.PO-P1
These lines are LexLint's reading of the law's text, as of . Also read by: Comissão Nacional de Proteção de Dados (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Guidance link
- https://www.cnpd.pt/media/q01alptr/del629_2010.pdf
- Guidance body
- Comissão Nacional de Proteção de Dados
What this law does
Article 4, paragraph 1 of Lei 41/2004 requires companies that offer electronic communications networks or services to guarantee the inviolability of communications and of the related traffic data carried over public communications networks and publicly available electronic communications services.
Paragraph 2 prohibits eavesdropping, the installation of listening devices, storage or other means of interception or surveillance of communications and the related traffic data by third parties without the prior and express consent of the users, except in the cases provided for by law.
Paragraph 3 does not prevent lawfully authorized recordings of communications and the related traffic data made in lawful commercial practice to prove a commercial transaction or any other communication made within a contractual relationship, provided that the data subject has been informed and has given consent. Paragraph 4 authorizes recordings of communications to and from public services intended to deal with emergencies of any kind. Lei 41/2004 entered into force on the day after its publication.
When LexLint raises it
When your app profile says your app records calls, records text chat or processes voice recordings.