b) The execution of the request is likely to prejudice the sovereignty, security, ordre public or
other essential interests of the Portuguese Republic, defined as such in the Constitution;
c) The requesting State does not provide appropriate guarantees of protection of personal data.
2 - The request for expedite preservation of computer data may also be refused in cases where
there are reasons to believe that the execution of the subsequent request for judicial assistance
for purposes of search, seizure and disclosure of such data will be refused for lack of
fulfilment of the dual criminality requirement.
Article 24
Access to computer data in international cooperation
1 - In execution of the request of the competent foreign authority, the competent judicial
authority may undertake the search, seizure and disclosure of computer data stored in a
computer system located within Portuguese territory, relatively to criminal offences provided
for in article 11, in situations where the search and seizure are lawfully admitted in a similar
national situation.
2 - The competent judicial authority shall act as quickly as possible where there are reasons to
believe that computer data under consideration are particularly vulnerable to loss or
modification, or where a swift cooperation is provided for in an applicable international
instrument.
3 - Paragraph 1 hereof applies, duly adapted, to requests made by Portuguese judicial
authorities.
Article 25
Trans-border access to stored computer data where publicly available or with consent
Competent foreign authorities, without the prior authorisation of Portuguese authorities,
according to rules on transfer of personal data provided for in Law number 67/98, of 26
October, are entitled to:
a) Access computer data stored in a computer system located in Portugal, where publicly
available;
b) Receive or access, through a computer system in their territory, stored computer data
located in Portugal, by means of a lawful and voluntary consent of the person who has the
lawful authority to disclose the data.
Article 26
Interception of communications in international cooperation
1 - In execution of the request of the competent foreign authority, the judge may authorize the
interception of communications transmitted by means of a computer system located within the
Portuguese territory, to the extent permitted under agreements, treaties or international
conventions, and the situation is as such as to admit the interception, pursuant to article 18, if
a similar national situation were at stake.