Tiago Félix da Costa signs article ‘The crime of data misappropriation: contributions to a reasonable interpretation’

Tiago Félix da Costa, a partner at Morais Leitão, has written an article entitled ‘The crime of data misappropriation: contributions to a reasonable interpretation’, published in the magazine Direito Administrativo. In the text, the author addresses the interpretative challenges of Article 48 of the Data Protection Law (Law 58/2019), analysing its relationship with the General Data Protection Regulation (GDPR) and its framework in the Portuguese legal system.

The article examines key issues, such as the distinction between ‘legal provision’ and ‘consent’ in the context of data processing, the conditions of lawfulness laid down in the GDPR and the implications for criminalising data misappropriation. Tiago Félix da Costa defends an interpretation in line with the principles of privacy protection and informational self-determination, stressing the need to avoid criminalising non-serious conduct.

Read the full article below.