Requests for the right of access

Can I appoint someone else to act on my behalf to exercise my right of access?

Yes, any data subject may authorise a person of their choice (such as a legal adviser) to exercise their right of access on their behalf with a data controller.

To do so, they must provide the person acting on their behalf with a letter stating the identity of the principal (the applicant), the purpose of the authorisation (the exercise of the right of access) and the identity of the authorised representative (the applicant’s representative). This authorisation must also specify whether the authorised representative may be sent the data controller’s response.

The principal must also enclose a copy of their identity document with this letter. The authorised representative, for their part, must provide evidence of their authority to act on behalf of the principal.

Can I ask a data controller for access to the data they hold about my deceased spouse?

Yes, Article 20 of Law no. 1.565 of December 3, 2024 provides for a right of access to information concerning deceased persons. Subject to any contrary legislative or regulatory provisions, an ascendant, descendants up to the second degree, the surviving spouse of a deceased person, or a cohabiting partner or partner within the meaning of Law no. 1.481 of December 17, 2019 on civil solidarity contracts, may, provided they can demonstrate a legitimate interest, exercise the right of access to information concerning that person.

In addition to proving your identity, you must provide evidence of your relationship with the deceased by any means.