On 24 November 2021, Paula Meira Lourenço, Member of the ANACOM's Board of Directors, took part in the 24th International Congress of the "Union Internationale des Huissiers de Justice" (International Union of Judicial Officers), taking place from 22 to 25 November 2021 in Dubai. Ms Lourenço took part via video, on topics such as cyber justice and the challenges of new technologies, robotization, automation and artificial intelligence in the Digital Age.
Paula Meira Lourenço highlighted the importance of Portugal’s cyber justice system, interoperability between electronic systems supporting the activities of the courts and Enforcement Agents, and the effectiveness of the investigative powers of Enforcement Agents in relation to identification of debtors and debtor assets. Ms Lourenço also highlighted the principle of fair balance, in accordance with the principles of due process, between the creditor's right to effective satisfaction within a reasonable period of time, and the debtor’s right to contest, to the protection of private property and other rights, freedoms and guarantees inherent to the State of law, as set out in article 6 of the European Convention on Human Rights and in the Constitution of the Portuguese Republic (noting that measures placing restrictions on the debtor's freedom as are permitted in Germany, such as a ban on leaving the country, driving bans or imprisonment, are not admissible in Portugal).
Giving as an example the effectiveness of the attachment of bank deposits – where Portuguese Enforcement Agents put inquiries to Banco de Portugal (Portuguese central bank) via electronic means as to the existence of bank accounts -, ANACOM’s role was raised, as a point of reflection for the future, as an independent regulatory body responsible for regulating electronic communications and postal services, space activities, and spectrum management. Specifically, the question was raised as to whether, de iure condendo, ANACOM could assist in identifying attachable assets, in particular, when assets take the form of digital products included in digital platforms protected by the right to financial privacy (bitcoins, digital wallets).
Recent cooperation between the Public Authorities of the Netherlands, which launched a Digital Regulation Cooperation Platform, was highlighted as an example of the exercise of competences in a more collaborative manner, possibly better suited to effectively addressing the regulatory challenges posed by the Digital Age.
Finally, emphasis was given to the importance of cyber justice, automation, robotization, interoperability between systems (highlighting ANACOM's recent visit to the Judicial Court of Lisbon Oeste - Sintra) and the use of machine learning and artificial intelligence in various areas of ANACOM's work, highlighting the analysis of complaints from consumers and users of electronic communications and postal services, the dematerialization and automation of supervision and oversight procedures and of the sanctioning area (offence proceedings), with a view to ensuring increased effectiveness and efficiency of ANACOM's internal operations and in its relationship with regulated companies, users, the courts and other public and private bodies.
According to Paula Meira Lourenço, this work “is about ensuring the improved provision of a public service, as part of ANACOM's digital transformation programme, aimed at developing its systems to support supervision and enforcement activities, as well as the sanctioning area; making sure that electronic processes exist that also allow electronic interconnection to the Citius system in the event that offence proceedings are challenged. Swifter and fairer sanctioning decisions influence the market and operator behaviour. This helps to strengthen and promote consumer rights and interests, one of the main objectives of ANACOM's mission”.
Panel 5 - Digital Assets… The “Phantom Debtor”
Further information:
- 24th UIHJ Congress - Cyber Justice - New Opportunities for the Judicial Officer https://www.uihj-dubai.com/
