Contratação pública, proteção de dados e inteligência artificial

: problematizar a fase de habilitação: em especial, o artigo 85.º, n.º 3, do CCP

Abstract

The evolution of the European legal panorama in the development of the right to the protection of personal data represents a paradigm shift, being now capable of understanding the value of the circulation of data and its processing operations. Our dissertation seeks to explore the circulation of personal data within public procurement procedures, especially in the qualification phase, as this is a procedural moment in which data relating to criminal convictions is processed. The delicate nature of the processing of this type of data leads us to question the method used by the national legislator to comply with the absence of legal impediments, assessing the proportionality of the solution and how it fits within the obligations arising from European regulations on the protection of personal data. By analyzing doctrinal positions, other European legal systems and methods arising from technological advances in artificial intelligence, we have concluded that there are means that are less damaging to the right of personal data protection and that still achieve the same objective. However, it is up to the national legislator to continue along the path of change introduced with the National Portal for State Suppliers, seeking to establish less damaging solutions in fulfilment of the requirements given by the establishment of impediments to private partners in public procurement.

Date of Award	26 Jul 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Filipa Calvão (Supervisor)