Bensafrim Parish Assembly
17 July of 2026
POINT 4 – Draft General Data Protection Regulation of the Bensafrim Parish Council
The Movement Lakes with Future recognizes that the protection of personal data constitutes a fundamental right of citizens and a legal obligation of all public entities, therefore, it considers it essential that the Parish Council has adequate procedures to ensure compliance with the General Data Protection Regulation and applicable national legislation.
Still, We understand that the draft regulation presented today has several weaknesses that prevent us from following its approval.
Right away, it is an excessively extensive regulation and predominantly reproduced from national and European legislation, limiting yourself, in many of your articles, to transcribe provisions already contained in the General Data Protection Regulation and Law no. 58/2019, without making the necessary adaptation to the specificities of the activity carried out by the Parish Council.
Even more worrying is the fact that the regulation does not establish a clear distinction between what constitutes protection of personal data and what are administrative transparency duties imposed by law on public entities..
O General Data Protection Regulation cannot be used as a basis for restricting access to public information when this advertising results directly from the law.
It's the case, namely, of public procurement, identification of winning bidders, of suppliers of goods and services, of contracts signed and amounts paid with public money, information that must be publicized through the Gov, official public procurement platform, allowing scrutiny by citizens, by supervisory bodies and local elected officials.
The protection of personal data cannot serve to hide information whose disclosure is legally mandatory nor to create obstacles to the exercise of the right of access to administrative information.
We consider, that's why, that the regulation should expressly state that the protection of personal data does not prejudice compliance with legal transparency obligations, administrative advertising, public procurement, access to administrative documents and other disclosure duties imposed on public entities.
We also understand that the regulation leaves excessive decision-making room to the executive of the Parish Council. In particular, the article relating to the interpretation and integration of gaps determines that these be resolved by reasoned order from the President of the Board, when it would be desirable for matters of this nature to be regulated by clear and objective rules, reducing administrative discretion.
We also did not find any commitment to active transparency mechanisms regarding the processing of personal data., namely through the periodic publication of anonymized statistical information on requests to exercise rights, received complaints or security incidents, elements that would contribute to reinforcing citizens’ confidence in the Board’s actions.
The Movement Lakes with Future understands that it is perfectly possible to reconcile respect for citizens' privacy with an open Public Administration, transparent and subject to democratic scrutiny.
In our view, This regulation does not ensure that balance clearly enough, which may give rise to restrictive interpretations of administrative transparency and access to public information.
For the reasons explained, We understand that the document should be reviewed and improved, clarifying the relationship between the protection of personal data and the duties of publicity and transparency that bind all public entities.
In these terms, the Lagos com Futuro Movement votes against the General Data Protection Regulation Project of the Bensafrim Parish Council.