Russiagate: new complaint against Lisbon city
council demands reinstatement of ‘scapegoat’
By Natasha
Donn -5th July 2021
Lisbon city
council faces millions in potential fines following the ‘Russiagate scandal’ –
the incident that highlights it has been breaking data protection rules for
potentially vulnerable citizens for years (click here).
But now there
is another ‘complaint’ against it: for essentially creating a scapegoat – and
sending him packing (click here).
The bottom
line in this story is that the buck should always stop at the top – in this
case Mayor of Lisbon City Council Fernando Medina.
But because
this is a key election year (municipal elections are ‘round the corner’,
scheduled for September 26) and because Medina intends to fight his corner
against a collective of smaller parties, the decision to fire an employee who
was only following standard practice seems to have been ‘accepted’ by the
powers that be.
Not so the
Association of Professionals for Data Protection, which has lodged a complaint
with the CNPD, (national commission for data protection) claiming the dismissal
is illegal.
President
of the association Inês Oliveira explains: “We still have some hope that it
won’t happen. We are convinced the dismissal is yet another infraction, joining
the 225 already detected by the CNPD, as it violates article 38, clause 3 of
data protection regulations which say ‘an employee cannot be sacked or
penalised for the fact of exercising his/ her duties’.
Ms Oliveria
tells Expresso that she hopes the CNPD ‘sanctions’ Lisbon City Council –
meaning slaps it with yet another fine – and then insists the man used as the
scapegoat for this shameful affair is reinstated
CNPD’s
decision is needed pronto, says Ms Oliveira, as there are now 3,620 people
responsible for data protection in Portugal who are terrified the same fate
could await them (ie the minute any new
‘scandal’ hits, they might be the ones used as patsies).
She
stresses the decision to sack Lisbon City Council’s long-term employee has been
“disastrous” for the profession as a whole which has been left “frightened to
make decisions”.
What is
perhaps most shocking in this affair is that the City Council appears not even
to have taken legal advice. The decision was simply made to ‘sack’ an employee
in the hope this would ‘satisfy’ critics.
While the
CNPD considers this latest politically red-hot complaint, it has to be stressed
that the City Council already faces many millions in fines over the scandal.
Says
Expresso, each of the 225 incidents where people’s data was erroneously passed
to 3rd parties in the context of demonstrations organised sees the council
liable for fines of between 10 and 20 million euros.
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