Commentary on the Decision n. 268/2022 of the Portuguese Constitutional Court: the use of the principle of proportionality in the control of restrictions to the rights to privacy and informational self-determination

Abstract

This article constitutes a commentary on Decision No. 268/2002 of the Portuguese Constitutional Court from a specific perspective: how the principle of proportionality is applied to control restrictions imposed by the legislator on the rights to privacy and informational self-determination. Since the commented-upon ruling concerns a law that transposed a directive of the European Union (Directive 2006/24/EC) – a directive that was declared invalid by the CJEU – the article also compares how the principle of proportionality is used by both courts to control similar restrictions.