Portugal’s South Central Administrative Court has dismissed Lisbon city council’s appeal against the decision to fine the local authority for its gross data breach affecting Russian citizens living here, in the case known as ‘Russiagate’.
Judges state that “the only conclusion that can be reached” is that the Lisbon local authority “acted with intent, since it has been demonstrated that its conduct violated administrative duties, and the local authority of Lisbon was aware of this violation”.
This is the second defeat for the council over a €1.25 million fine imposed by the National Data Protection Commission (CNPD) on the local authority in 2022 for violations of the General Data Protection Regulation when “communicating the personal data of demonstration organisers to third parties”.
At the time, the CNPD identified 225 infringements in communications made by the local authority in connection with demonstrations, rallies and parades,affecting other nationalities, including Portuguese.
The fine was the result of proceedings initiated following a report received by the CNPD on March 19, 2021.
At issue was the communication by Lisbon council to the Russian embassy in Portugal – and the Russian Ministry of Foreign Affairs – of personal data of the organisers of a demonstration held outside the embassy.
The organisers, all so called ‘dissidents of the Russian regime’, held a protest in January 2021 for the release of Russian government opponent Alexey Navalny. When they became aware of the data breach they said Lisbon city council had jeopardised their safety and that of their families back in Russia.
The initial fine imposed on the city council was reduced due to the expiry of some regulatory offences and now stands at €738,000.
According to Diário de Notícias, this figure corresponds to 65 regulatory offences.
But the decision is open to further appeal, which LIsbon’s mayor, Carlos Moedas, has said he will be taking advantage of, “to the limit”, to protect his city’s taxpayers.
Moedas’ actions have nothing to do with his opinion over what happened. He admits the whole sorry affair was a “mistake” by the last administration, led by Socialist Fernando Medina – a mistake for which Mr Medina refused to take responsibility.
Source material: Lusa
