Portugal

Legislation

• Law no. 67/98, October 26 (Data Protection Act, presently being reviewed) implemented Directive 95/46/EC. This act applies to genetic data (considered as ‘sensitive data’) under paragraph 4 of article 7.
  • The Data Protection Act intends to protect not only the privacy as well as the informational self-determination of the subject of personal data. Also, the article 26 of the Constitution recognizes everyone’s right to the reservation of privacy and family life, ensuring that the law will create effective measures against abusive collection and use of information on individuals and families.
• In 2005, the regulation on genetic data and genetic databases was complemented with Law no. 12/2005, January 26 (Act on personal genetic information and information regarding health).
• Law no. 5/2008, February 12 it is not related to the creation and regulation of biobanks but to the creation of a database of DNA profiles, for civil and criminal identification purposes, and it has rules on the safety, storage and management of genetic data, in those situations.

Other information

• Portuguese Data Protection Authority (National Data Protection Commission - CNPD): www.cnpd.pt