By determination of the Management Board of 22 December 2011, ICP - Autoridade Nacional de Comunicações (ICP-ANACOM) approved a draft decision on:
- the circumstances, format and procedures applicable to the requirements of reporting, by companies that provide public communications networks or publicly available electronic communication services, of security breaches or losses of integrity with significant impact on the functioning of networks and services; and
- on the conditions by which ICP-ANACOM considers that there is public interest in public disclosure, by companies that provide public communications networks or publicly available electronic communication services, of security breaches or losses of integrity with significant impact on the operation of networks and services.
In accordance with this determination, it was decided to submit this draft decision to the prior hearing of interested parties, pursuant to articles 100 and 101 of the Código de Procedimento Administrativo (Administrative Proceeding Code), as well as to the general consultation procedure laid down in article 8 and in paragraph 4 of article 54-C of Lei das Comunicações Eletrónicas (Electronic Communications Law - approved by Law no. 5/2004 of 10 February and subsequently amended by Decree-Law no. 176/2007 of 8 May, by Law no. 35/2008 of 28 July, by Decree-Law no. 123/2009 of 21 May, by Decree-Law no. 258/2009 of 25 September, Law no. 51/2011 of 13 September, by Law no. 10/2013 of 28 January and by Law no. 42/2013 of 3 July). A period of 20 working days was provided, under both procedures, for interested parties to comment - this period ended on 27 January 2012.
Following conclusion of the prior hearing and consultation processes, the corresponding report was prepared, which is given in annex to and is an integral part of the present Decision; this report presents a summary of the responses received and sets out the position taken by ICP-ANACOM, giving reasoning for the options taken in this decision.
