(d) is necessary in order to protect the vital interests of the data subject; or
(e) is made from a register which according to laws or regulations is intended to provide
information to the public and which is open to consultation either by the public in general
or by any person who can demonstrate legitimate interest, provided the conditions laid
down in law for consultation are fulfilled in the particular case.
2 – Without prejudice to paragraph 1 the CNPD may authorise a transfer or a set of
transfers of personal data to a State which does not ensure an adequate level of protection
within the meaning of Article 19 (2), provided the controller adduces adequate safeguards
with respect to the protection of the privacy and fundamental rights and freedoms of
individuals and with respect to their exercise, particularly by means of appropriate
contractual clauses.
3 - By means of the Ministry of Foreign Affairs the CNPD shall inform the European
Commission and the competent authorities of the other Member States of the European
Union of the authorisations it grants under 2.
4 – The authorisations provided for in 2 shall be granted or derogated by the CNPD
according to its own procedures and the decisions of the European Commission.
5 – Whenever there are specimen contractual clauses approved by the European
Commission according to its own procedures, because they provide the adequate
guarantees referred to in 2, the CNPD shall authorise the transfer of personal data made
under such clauses.
6 – A transfer of personal data which is necessary for the protection of State security,
defence, public safety and the prevention, investigation and prosecution of criminal
offences shall be governed by special legal provisions or by the international conventions
and agreements to which Portugal is party.
1 – The CNPD is an independent body with powers of authority which operates within the
Assembleia da Rep�blica.
2 - Whatever the national law applicable to the processing in question, the CNPD shall
exercise its authority throughout national territory.
3 – The CNPD may be requested to exercise its powers by a data protection supervisory
authority of another Member State of the European Union or the Council of Europe.
4 – The CNPD shall cooperate with the data protection supervisory authorities of other
States in disseminating national law and regulations in the area of personal data
protection and in the defence and exercise of the rights of individuals resident abroad.
1 – The CNPD is the national authority endowed with the power to supervise and monitor
compliance with the laws and regulations in the area of personal data protection, with
strict respect for human rights and the fundamental freedoms and guarantees enshrined
in the Constitution and the law.
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