Criminal framework

Código Penal artigo 199 (gravações e fotografias ilícitas). The statute was Original 1995, modernised in subsequent reforms. Up to 2 years imprisonment or fine.

Civil and data protection framework

GDPR Article 17 (right to erasure) provides the parallel civil route. Comissão Nacional de Proteção de Dados (CNPD) is the national supervisory authority and accepts complaints against any controller processing intimate imagery without lawful basis. The official site is https://www.cnpd.pt.

Official victim support

Linha Internet Segura is the recognised support service. Available at https://www.internetsegura.pt.

Five step removal process for Portugal victims

  1. 1

    Preserve evidence before any contact with the perpetrator

    Capture full page screenshots with URLs visible. Save the original files. Note timestamps. This evidence supports both the Article 199 Código Penal complaint and any GDPR Article 17 (right to erasure) request.

  2. 2

    File a criminal complaint under Article 199 Código Penal

    Report to local police or the national cybercrime unit. Linha Internet Segura can assist with the report.

  3. 3

    Submit an erasure request under GDPR Article 17 (right to erasure)

    Send a written request to each platform's designated data protection contact citing the legal basis. CNPD can be petitioned if the platform fails to comply within 30 days.

  4. 4

    Send a US TAKE IT DOWN Act notice in parallel for covered platforms

    When the platform is subject to US jurisdiction, the 48 hour federal removal obligation applies in parallel with your domestic rights. ScanErase files these notices automatically.

  5. 5

    Track and escalate non compliant platforms

    Document every notice and every response. Escalate non compliant platforms through the regulator complaint process.

Frequently asked questions

What is the criminal NCII statute in Portugal?

Código Penal artigo 199 (gravações e fotografias ilícitas). Enacted Original 1995, modernised in subsequent reforms. Up to 2 years imprisonment or fine.

Who enforces data protection rights in Portugal?

Comissão Nacional de Proteção de Dados (CNPD) is the national authority. Official site: https://www.cnpd.pt.

Is there an official victim support service in Portugal?

Yes. Linha Internet Segura provides direct help to victims. Site: https://www.internetsegura.pt.

Can a Portugal resident also use the US TAKE IT DOWN Act?

Yes when the hosting platform is subject to US jurisdiction. The TAKE IT DOWN Act applies to covered platforms regardless of where the victim resides. ScanErase's scan finds every US covered platform hosting your images, so you can file notices there in parallel with GDPR Article 17 (right to erasure) requests.

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