Metadata impasse: possible solution to Constitutional Court veto

Portugal’s two main political parties, the PS and PSD, have come up with a formula which they hope will get round the Constitutional Court veto over handling of metadata (details of people’s telecommunications history) – something PJ police stress is vital in certain investigations. The idea is that metadata should be kept only in cases where “justified judicial authorisation” is obtained for the purposes of “investigation, detection and prosecution of serious crime by the competent authorities”. This is the second time the two parties have tried to come up with wording that will satisfy Constitutional Court judges who have twice rejected the government’s diploma, causing damaging consequences to a number of police investigations.