Publicação
The portuguese labor code of procedure and "in camera" proceedings : a brief introduction
| Resumo: | This brief introductory study is the first of two parts concerning “in camera” proceedings in the labor and employment context. Hence, this report aims to (i) determine what is an “in camera” proceeding, (ii) why such a proceeding is necessary, as well as (iii) how and to what extent we may set an “in camera” proceeding in Portuguese labor and employment courts while taking into account the general framework. Additionally, it should be remarked that the main purpose of this subject is to keep sensitive information safe, whether personal data or commercially sensitive data, specifically trade secrets. This information (data, experience, and knowledge) will require legal protection, in or out of legal proceedings. The Portuguese Code of Labor Procedure does not expressly provide for this possibility, and, in fact, sets a specific legal action dedicated to challenge confidentiality. However, we believe that the current framework already provides sufficient coordinates to establish an “in camera” procedure – it is possible under labor procedural law and can be one of the means available to the labor judge. |
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| Autores principais: | Mousinho, Tiago Sequeira |
| Assunto: | Direito do trabalho Código do processo do trabalho Protecção de dados pessoais |
| Ano: | 2024 |
| País: | Portugal |
| Tipo de documento: | artigo |
| Tipo de acesso: | acesso aberto |
| Instituição associada: | Universidade de Lisboa |
| Idioma: | inglês |
| Origem: | Repositório da Universidade de Lisboa |
| Resumo: | This brief introductory study is the first of two parts concerning “in camera” proceedings in the labor and employment context. Hence, this report aims to (i) determine what is an “in camera” proceeding, (ii) why such a proceeding is necessary, as well as (iii) how and to what extent we may set an “in camera” proceeding in Portuguese labor and employment courts while taking into account the general framework. Additionally, it should be remarked that the main purpose of this subject is to keep sensitive information safe, whether personal data or commercially sensitive data, specifically trade secrets. This information (data, experience, and knowledge) will require legal protection, in or out of legal proceedings. The Portuguese Code of Labor Procedure does not expressly provide for this possibility, and, in fact, sets a specific legal action dedicated to challenge confidentiality. However, we believe that the current framework already provides sufficient coordinates to establish an “in camera” procedure – it is possible under labor procedural law and can be one of the means available to the labor judge. |
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