Octopus Cybercrime Community

Specific legislation on cybercrime has been enacted through the Penal Code and the Cybercrime Law of 2017, containing provisions on illegal access, illegal interception, system and data interference.

In terms of procedural powers, the Cybercrime Law provides all relevant procedural powers also found in the Convention.

The Cybercrime Law of 2017 specifies provisions for: art. 4 Computer forgery; art. 5 Damage to programmes or other computer data; art. 6 Computer sabotage; art. 7 Illegal access; art. 8 Illegal interception; art. 9 Illegal reproduction of a protected programme; art. 10 Insertion of forged data; art. 11 Responsibility of collective entities; art. 24 Permanent contact point for international cooperation; art. 33 Data protection.

The Penal Code has general provisions on: art. 180 Child pornography; art. 185 Defamation; art 199 Disclosure of facts relating to privacy; art. 200 Illegal recordings and photographs; art. 202 Disclosure of personal data through computer systems; art 203 Violation of correspondence and communications; art. 240 Computer and communications fraud; art 242 Credit card fraud; art. 243 Extorsion; art. 359 Terrorist organizations; art 360 Terrorism.

The Cybercrime Law of 2017 has also established procedural powers: art. 15 Expedited preservation of data; art. 16 Expedited disclosure of traffic data; art. 17 Injunction to submit or grant access to data; art. 18 Computer data search; art. 19 Seizure of computer data; art. 20 Seizure of e-mail and records of communications of a similar nature; art. 21 Interception of communications; art. 22 Undercover operations; art. 25 Preservation and expedited disclosure of computer data in international cooperation; art. 26 Grounds for refusal; art. 27 Access to computer data in international cooperation; art. 28 Cross-border access to stored computer data when publicly available or with consent; art. 29 Interception of communications in international cooperation.

Law nº 3/2016, from 10 May 2016, creates the legal framework of the personal data protection and Law nº 7/2017 rules the organization and functioning of the National Agency for Personal Data Protection.