The use of malware as a means of obtaining evidence in Portuguese criminal proceedings

Abstract

David Silva Ramalho outlines the legislative development of using malware in the Cybercrime Law as a technological device to be used in covert operations. He illustrates that the terms in which this provision was foreseen lacks clarity, precision and most of all respect for the defendant’s rights, thus raising doubts as to its constitutionality.

Index words: Portugal; malware; obtaining evidence; legality; criminal proceedings