The Means of Obtaining Evidence Provided by the Portuguese Cybercrime Law (Law no. 109/2009 of 15 September 2009)

Abstract

The Portuguese legislator has provided, for the first time, in the Portuguese legal system, means of obtaining evidence specific for Cybercrime in Law no. 109/2009, of September 15, in which Framework Decision no. 2005/222/JHA, of the Council of February 24, concerning attacks against information systems and the Convention on Cybercrime of the Council of Europe were transposed to the Portuguese legal system. While the legislator’s options are considered to be mostly correct, there are some critical issues. In the present Article, the legal regime of these means of obtaining of evidence is critically analyzed.