5.1.8 Data protection laws
Audiovisual Law no 504/2002 (amended by GO no. 181/2008, approved by Law no. 333/2009) regulates data protection in relation to journalists' non-disclosure of sources and the protection of a source's privacy. Thus, the main principle of protection has a double aim (Article 7-1 and 7-2): it protects the confidentiality of information sources of any "news and broadcasted programmes, including other elements of broadcasting" (Article 7-1) and allows a journalist "not to disclose identification data of the information source" used in professional circumstances (Article 7-2).
Personal data is defined by Article 7-3 as any identification data such as the name, voice and image of a source / journalist or broadcaster (in the case of "hidden camera" inquiries) or the circumstances of communication of information provided under anonymity.
However, the protection principle is limited and balanced by the responsibility of the journalist / broadcaster, who must be able to prove that the information disclosed by protected sources is honest and true (Article 7-4).
The protection of personal data in these circumstances can only be over-ruled by a Court decision, either relating to national security or on public order grounds or if this proves to be absolutely necessary (when there are no alternatives or there is a legitimate interest for disclosure- Article 7-6, a and b).