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This may not appear in newspaper headlines, but I believe that the modernization of Portugal’s democratic processes, especially in terms of referendums and signature collection for presidential and municipal candidates, is an extremely urgent and relevant issue.
Currently, the system is markedly bureaucratic and requires the collection of excessive amounts of personal data, much of which is unnecessary for its intended purpose. This situation not only places a disproportionate burden on citizens who participate in these democratic processes, but also raises serious questions about the efficiency and accessibility of democratic processes in Portugal. In an era of such intense digitalization and technological innovation, it is incredible that processes so fundamental to the functioning of democracy are still linked to outdated and ineffective methods.
One of the central points of my criticism of the current signature collection system is the amount of personal data required. Under the General Data Protection Regulation (GDPR), the principle of minimizing personal data should be followed, i.e. only collecting data necessary to carry out the process. However, Portugal ignores this principle and requires information such as the validity of the citizenship card, the place where the document was issued, the names of the parents, their professions, and even the parish and religion of the natural county. Such data is irrelevant to verifying the qualifications of the candidates and their supporters and only complicates the process, making it more time-consuming, difficult and expensive for the time and resources of those involved.
This excessive bureaucracy is not just annoying: it has real consequences for citizen participation and the quality of democracy. Groups with fewer resources already face difficulties organizing applications and are therefore particularly affected by these requirements. Moreover, collecting sensitive data such as occupation or place of birth can create space for unfair discrimination, undermine the fairness of electoral processes, and deter many citizens from providing this data, thereby preventing participation in these democratic processes.
Therefore, digitization of the signature collection process seems to be an obvious solution to many of these problems. Tools such as digital mobile keys offer a secure and efficient method of document authentication and signing that can advantageously replace traditional methods. Digital signatures can guarantee the identity of the signer with a security level comparable to or even higher than a handwritten signature on paper. Furthermore, it allows citizens to participate in the democratic process without having to travel in person or submit to unnecessary bureaucracy.
Portuguese legislation, through Law 37/2014 of June 26, has recognized the legal value of documents provided in digital format through applications such as ID.gov. However, some members of the courts and municipal officials remain skeptical about its use in participatory democratic processes, such as referendums or candidate elections. This creates a grey area where clarity and legal certainty are compromised. Legislators must make explicit reference to the admissibility of digital signatures in electoral and civic participation processes to dispel any doubts and ensure that all citizens can fully participate in the democratic life of the country.
In addition to simplifying and speeding up the signature collection process, digitization will bring many other benefits. It will significantly reduce the costs associated with the use of paper, increase transparency by making it easier and more accessible to verify documents, and contribute to the modernization of public administration. Ultimately, digitization is a powerful tool to further democratize the electoral process, ensuring that all citizens, regardless of their location or resources, can exercise their democratic rights under the same conditions.
On the other hand, resistance to change and lack of legal clarity not only perpetuate inefficient systems, but also undermine citizens’ trust in democratic institutions. For democracy to be truly strong and inclusive, it must adapt to the new realities and challenges of the modern world. This includes removing unnecessary barriers to citizen participation and ensuring that all citizens can contribute effectively to their country’s future.
It is therefore imperative to promote a comprehensive reform of the signature collection process in Portugal. Reducing the personal data required, accepting signatures in digital form, and modernizing the process are not only desirable, but also necessary measures to strengthen democracy. Legal clarification on the use of digital signatures is a key step in this direction, ensuring that democratic participation is accessible, safe, and efficient.
I believe that by eliminating unnecessary bureaucracy and promoting effective citizen participation, Portugal will be able to build a fairer, more transparent and inclusive democracy in line with best international practices and the fundamental rights of citizens.
Rui Martins, founder Party democratization movement
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