Public Records in Portugal
Why should records be public?
What records should be public?
Public records laws in Portugal EU Constitution includes “right of access to documents…” The Constitution of Portugal has included a right of access to information since 1976. Article 268 of the 1989 Constitution: Citizens entitled to know about proceedings that affect them. Citizens have the right to have access to administrative records and files… …but subject to the legal provisions with respect to security, investigation of crime and personal privacy
Law of Access to Administrative Documents LADA provisions: Any person can demand administrative documents held by state authorities, public institutions, and local authorities. “Documents” can be in any form: Text, pictures, video, computer files, etc. Requests must be made in writing. Government agencies must respond no later than 10 days after receiving a request.
Some LADA exceptions Access to documents in proceedings that are not decided can be delayed until the proceedings are complete. Documents relating to internal or external security and crime investigation are protected. Documents with personal information are limited to the named individual. Documents that place commercial, industrial or company secrets in danger or violate copyrights or patents
Databases Are databases “documents”? Open Government movement Requesting databases: Better to ask for all the data than just a part Specify the variables you want DON’T get it on paper You can take most any format Might have to pay for programming Recognize databases on web lookup sites
Appeals to CADA Comissão de Acesso aos Documentos Administrativos (CADA) Agency of the Parliament Considers complaints about denial of access Hears >500 cases per year Favorable rulings >80% of cases But decisions are NOT binding Can appeal further to administrative court
Most complaints
www.cada.pt
access-info.org/
Legal Leaks Toolkit