Mysterious Pen Drive Scandal: How Did Sensitive Data End Up with Portugal's Former PM?

The Operation Influencer Case

In a recent development, the Public Ministry (MP) has archived the Operation Influencer case, confirming that a former intern at Social Security extracted personal data. However, the mystery remains: how did this data end up in the hands of António Costa, Portugal's former Prime Minister and current President of the European Council?

Francisco André's Testimony

Francisco André, the former chief of staff, stated to the MP that he "ended up not analyzing the content of the pen drive" because he did not receive further instructions from António Costa and "did not think about the matter again." He believed the pen drive was delivered by an anonymous citizen, a common occurrence for documentation handovers. André added that based on Costa's habits, the Prime Minister likely did not view the pen drive immediately, as he did not carry a laptop during trips. "I received it and it stayed there," he told the MP, emphasizing he had no memory of accessing its content.

When confronted with claims from Vítor Escária that André knew the pen drive contained "sensitive content," André denied recalling such a conversation. He only remembered seeing the pen drive again during the transition of duties to Escária. If he had known the content in time, André said he would have informed Costa and forwarded it to the legal and security advisors for appropriate handling.

In February of this year, André discussed the matter with Costa, who was reportedly "incredulous" upon learning about the pen drive's contents.

António Costa's Response

António Costa, exercising his right to testify in writing, displayed an almost absolute memory lapse regarding the pen drive incident. When presented with André's statements that Costa himself brought the pen drive to São Bento, Costa responded:

"Although I do not recall, that is what Dr. Francisco André confirmed to me, and I have no reason to doubt his word. I do not remember where, when, by whom, or how that pen was delivered to me. Again, from our conversation, he told me that at the time, I had conveyed to him that the mentioned pen was given to me by an unknown person at the end of a public event I participated in."

Costa could not explain why the content was never verified, stating, "I do not know, but I have no reasons to doubt what they [André and Escária] answered. I myself must not have given importance to the matter and therefore never questioned it again." He assured that he never accessed the pen or was informed of its content, adhering to standard security protocols for sensitive data.

Costa also emphasized that he had no further contact with Vítor Escária after his dismissal due to the discovery of €75,800 in cash in Escária's office.

MP's Conclusion

The central question for the MP was: if the files on the pen drive were created by Marco Aragão from Social Security data, how did the device reach António Costa? Despite the four-year gap between the file modifications (June 3, 2019) and the pen drive's seizure (November 7, 2023), the prosecutors found the testimonies credible. They concluded that the "version presented—which reflects a certain forgetfulness and lack of proper handling of the pen drive—is still plausible and compatible with the normality of things."