News European Data Protection Day 28/01/2022

Today, January 28th, is the European Data Protection Day. This date, established in 2006 by the Council of Europe, was chosen as it was on January 28, 1981 that the Council of Europe convention on the protection of individuals with regard to the automated processing of personal data (Convention 108) was opened for signature. . This day is currently celebrated globally and is termed as “Privacy Day” outside Europe.

The commemoration of this day is intended to raise awareness of the importance of privacy, promote the protection of personal data, inform citizens about their rights and how to exercise them more effectively, as well as alert entities to best practices to check in this regard.
In Portugal, the General Regulation on Data Protection (RGPD), directly applicable in all Member States since 25 May 2018, was joined by Law No. the implementation, in the national legal order, of the GDPR.

This year, of course, we highlight data protection issues in the context of the pandemic caused by the new coronavirus and COVID-19.
First of all, it should be noted that the European Data Protection Committee, in this regard, reiterated that “even in these exceptional times, the protection of personal data must be maintained in all emergency measures, including restrictions adopted at the national level (…), contributing to respect structuring values of democracy, the rule of law and the fundamental rights on which the Union is founded; on the one hand, any measure adopted by the Member State must respect the general principles of law, the essential content of fundamental rights and freedoms, and cannot be irreversible, and, on the other hand, controllers and processors must continue to comply with data protection rules.”

In this context, based on the constitutional provision, as well as the provision in the Charter of Fundamental Rights of the European Union, of the fundamental right to reserve or respect for private and family life and the fundamental right to the protection of personal data, the National Commission of Data Protection (CNPD), as a national control authority, issued, on the subject of Covid-19, several Guidelines, Deliberations and Opinions, taking into account (i) the use of video surveillance and alarm systems by private security entities during the state of emergency; (ii) the use of technologies to support distance learning; (iii) remote control in telework regime; (iv) the disclosure of information related to those infected by Covid-19; (v) the Trace COVID-19 platform; (vi) the Smart Crowd system: App Info Praia and App Praia em Direto; (vii) the processing of personal health data, with regard to controlling body temperature, carrying out diagnostic tests for SARS-CoV-2 and strengthening the ability to screen/carry out epidemiological surveys by those who are not health professionals; (viii) the STAYWAY COVID application.

In the specific context of the implementation of the GDPR and the national diploma, GPA - Gouveia Pereira, Costa Freitas & Associados – Sociedade de Advogados, SP, RL has continued to develop projects to implement the new rules on the protection of personal data, to provide support to the role of data protection officer and to provide legal advice to various clients in the most different sectors of business and activity. In addition to the support provided to Portuguese (public and private sector) multinational companies, many of which are regulated, GPA was the partner chosen by many SMEs - given the model it designed especially for them - for the implementation and compliance with the rules on protection of data.

We currently have a team of 20 (twenty) Data Protection Professionals, with top certification issued by the Irish Computer Society, as well as 3 (three) certified by the IAPP - International Association of Privacy Professionals.

For its part, the GPA Academy – which aims to provide continuous training for GPA Lawyers and Employees – promoted, in 2021, the Online Course in Data Protection with international certification from the Irish Computer Society.

In 2021, GPA promoted, together with the Faculty of Law of the University of Lisbon, the III Advanced Postgraduate Course in Data Protection Law, taking place from October 13, 2021 until the next June 15, 2022, with the participation of several speakers who are employees of GPA.

For more information on this topic, please contact the Data Protection Department of GPA Advogados, via the email address gpa@gpasa.pt.

For more information on Data Protection training, please contact the GPA Academy at gpacademy@gp