Luis Feliciano, in charge of data protection (EPD) of the City of Lisbon (CML), rehabilitated after a scandal with data sent to the Russian embassy and government, finally broke his silence to say that he was fired because of the “Political and Election Campaign” and admitted that he refused to resign.
In a note sent to newspaper i as “a government official seeking transparency in his activities” and in order to preserve his “good name and reputation,” Feliciano explains that he took up the challenge “with a very diverse and varied approach. the complex reality of CML ”, which“ from the first moment ”signaled to decision-makers that his position as an EPD did not allow him to“ make decisions about data processing ”. Back in 2018, he claims to have hired an “outside company” to carry out the “diagnostic phase.” However, he explains, this did not signal the “processing of data on reports of demonstrations”, which led to their “ignorance” and, as a result, the impossibility of “control” over this issue. It was only on March 22, “after the complaint filed on March 18 by the data subjects,” that he became aware of this. There, as an EPD, he conducted a “due diligence” and on 18 April he sent an opinion to the support office of the President of the CML, in which “in addition to explaining the reasons for the data subjects”, he advised that the procedures for adapting them to the General Data Protection Regulation ( RGPD). Actions that even deserved, as he explains, public gratitude to Medina “for the first public intervention he made about this on June 10th.”
Feliciano also explains that, in addition to “public praise”, he also received “many other positive reviews” for disclosing the CML experience at conferences, which was confirmed by the expansion of the team’s mandate.
For these reasons, Feliciano “finds it obvious” that he does not justify his dismissal from the EPD position, citing what the data associations have done so far as “the norm.” [do RGPD] which prohibits the removal of EPDs for the timely performance of its functions. ” Thus, Feliciano explains the reasons for the incident with political problems: “This dismissal will only be understood in the current political and electoral context.” And he is confident that the ongoing investigations of the National Commission on Data Protection (CNPD) and the external audit of the CML will help him. Finally, Feliciano admits that he was asked to submit his resignation letter, which he rejected, he explains, due to “the feeling that thousands of EPDs will be concerned about this unprecedented outcome”, because of “respect for all workers involved in protecting human rights … data ”and“ work awareness ”.
Feliciano, who has worked at CML for 30 years, remained silent from the very beginning of the case and said in i that he would speak only after the CNPD statement. However, on July 1, the latter finally reported that after an investigation, he realized that the Lisbon municipality had violated the RGPD. A day later, Feliciano’s dismissal proposal, presented by Fernando Medina, was approved by votes in favor of PS and the PCP abstention, thus officially placing the blame on the team coordinated by Feliciano, whose mandate, remember, had been renewed about a month earlier. Then on July 2, Feliciano was removed from office by the EPD of the Lisbon City Council.
The Left Bloc came out in its defense at the time, stating that there was “a feeling that the Socialist Party wants to rehabilitate the only person who did something to prevent this case.” The very next day, the Association of Data Protection and Security Professionals also considered the justification “illegal” and “disastrous”, demanding Feliciano’s readmission as an EPD autarky and a fine on the CNPD Chamber. Finally, the CNPD itself, through Philip Calvao, its president, believed that “the responsibility for treatment can only be attributed to the municipality,” and not to Luis Feliciano. However, even the fact that all civilian authorities stood up for Luis Feliciano was not enough to keep him from being fired.
The Prosecutor General’s Office (PGR) also announced yesterday that the Prosecutor’s Office has launched an investigation to investigate the CML’s disclosure of protesters to Russian organizations. PGR also notes that the internal audit conducted by CML “joined it.”