Intimate images leaked by an ex partner in Portugal
An intimate image you shared in confidence with a former partner has appeared online without your consent. The TAKE IT DOWN Act treats this as actionable regardless of how the image was originally created.
PT
jurisdiction
Article
primary statute
48 hr
TAKE IT DOWN Act window
Court order
enforcement route
Tl;dr
In Portugal, this conduct is prosecuted under Article 199 Código Penal. The civil erasure route runs through GDPR Article 17 (right to erasure) and CNPD. Where the host platform is subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour platform removal obligation in parallel.
Why this happens
Intimate images shared inside a relationship survive long after the relationship ends. The most common trigger is a contested breakup, a new partner, or financial dispute.
Most leaks are first posted to platforms the perpetrator believes are anonymous. They rarely are. Account metadata, IP logs, and payment records routinely identify the source.
Legal framework in Portugal
Código Penal artigo 199 (gravações e fotografias ilícitas). Up to 2 years imprisonment or fine.
Portugal addresses intimate image abuse through article 199 covering unlawful recording and photography, supplemented by the general right to image under article 79 of the Civil Code. The CNPD enforces GDPR erasure rights.
Evidence to preserve
- Full page screenshot of every URL where the content appears, with the URL bar visible
- The username or account handle that posted the content
- Any direct messages, texts, or emails from the ex partner referencing the content
- The original image metadata if you still have the source file, which can prove provenance
Do not: Do not contact the ex partner before evidence is preserved and notices are filed. Confrontation gives them time to delete content and craft a denial.
Five step removal process
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1
Preserve all evidence first
Full page screenshot of every URL where the content appears, with the URL bar visible. The username or account handle that posted the content.
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2
File the Article 199 Código Penal criminal complaint
Report to local police or the national cybercrime unit. Linha Internet Segura can assist.
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3
Submit an erasure request under GDPR Article 17 (right to erasure)
Each major platform has a designated data protection contact. The request must cite the legal basis and identify the URLs. The platform has 30 days to respond. CNPD accepts complaints for non compliance.
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4
Run a biometric scan to find every additional copy
Content posted to one platform is rarely confined to one platform. ScanErase identifies every current hosting location in a single scan, including mirror copies and AI generated variants.
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5
File TAKE IT DOWN Act notices for covered platforms
Use your scan report to file the federal 48 hour notice yourself, in parallel with your domestic rights. The two regimes are cumulative, not exclusive.
Statutory citations to include in your complaint
- Código Penal artigo 199 (gravações e fotografias ilícitas)
- GDPR Article 17 (right to erasure)
- US TAKE IT DOWN Act for any covered platform
- State NCII criminal statutes in 48 states for prosecution of the ex partner
- Civil claims for intentional infliction of emotional distress and statutory damages where state law provides
Frequently asked questions
Is leaked by ex a crime in Portugal?
Yes. Código Penal artigo 199 (gravações e fotografias ilícitas) criminalises this conduct. Up to 2 years imprisonment or fine.
What evidence should a Portugal victim of leaked by ex preserve?
Full page screenshot of every URL where the content appears, with the URL bar visible. The username or account handle that posted the content. Any direct messages, texts, or emails from the ex partner referencing the content. The original image metadata if you still have the source file, which can prove provenance.
Does GDPR Article 17 (right to erasure) apply to this scenario?
Yes. GDPR Article 17 (right to erasure) gives the victim a direct erasure right against any platform processing the imagery. CNPD enforces non compliance.
What support is available in Portugal for leaked by ex?
Linha Internet Segura provides direct support to victims and can assist with both the criminal complaint and the platform removal process. Contact at https://www.internetsegura.pt.
Can a Portugal victim also file a US TAKE IT DOWN Act notice?
Yes when the hosting platform is subject to US jurisdiction. The 48 hour federal removal obligation runs in parallel with rights under Article 199 Código Penal and GDPR Article 17 (right to erasure).
Remove every copy now
One scan. Coordinated removal under Article 199 Código Penal, GDPR Article 17 (right to erasure), and the TAKE IT DOWN Act.
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