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1 PROPOSAL of law No. 59/X explanatory memorandum to Decree-Law No. 207/2005, of 29 November, came the regulatory procedures provided for in article 23 of Act No. 39/2005, of 29 July, regarding the installation of road surveillance systems and information processing. In the course of the legislative process that created that system was underlined the need to establish standards that legitimassem the installation of video surveillance by the competent authority for the management of national roads and the road concessionaires, in the respective concession roads. The policies of prevention and road safety are essential tools to reverse the statistics on the number of accidents with victims, reflecting the national situation in this respect, with indices above the European average, despite the downward trend that has been verified. This is a national issue that requires a broad contribution (Republic Assembly, Government, public administration, law enforcement, traffic managers, highways and national roads, local authorities, associations of users and citizens.) In this context, assume particular responsibility the EP-Estradas de Portugal. And p. e. and the concessionary companies that maintains the management of main roads. The State came to recognize such a role and consecrated, diplomas that approved the concessions and in subsequent contracts, obligations incumbent on these specific companies, with regard to the monitoring of traffic, drivers, aid the flow of traffic and information to users. To meet these obligations is essential to resort to the means of electronic surveillance. Law No. 39/2005, of 29 July, came the one-off amendments law governing the use of electronic surveillance equipment and security services forces in public places of common use (Act No. 1/2005, of 10 January), which deserved a broad consensus in Parliament. 2 Matter, now, issue the credential that allows legal clarify the use of the means and mechanisms necessary for the pursuit of prevention and road safety on the part of those entities. Was this, in fact, the meaning of the opinion of the National Commission for data protection (CNPD), when, recognizing that the law No. 39/2005, of 29 July took an important step – to the extent that authorized the security forces to use the installed systems and install that have as purpose to safeguard the security of people and goods in road traffic emphasized, too, that it is essential that the uses and treatments to be carried out by concessionary companies had adequate legal credential. Was heard the National Commission for data protection (CNPD).
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General provisions article 1 subject matter and scope 1-this law regulates the special arrangements: a) the installation and use of electronic surveillance systems, by means of digital cameras , photographic or video, location systems and electronic surveillance systems («Road» Surveillance Systems) for EP-Estradas de Portugal, e. p. («EP»), in the road traffic routes included in the national road network and regional roads not integrated in municipal networks, and the road concessionaires («Dealers») in the respective concession areas (' Concession ') to capture and recording of data and your subsequent treatment; 3 (b)) the creation and use by EP event management systems and information systems Dealers, containing the recording of accidents and incidents in the respective Concession Areas (' information systems ' accidents and incidents). 2-are expressly excluded from the scope of this law: a) surveillance systems installed in the service areas of road traffic routes referred to in the previous paragraph, as well as the registration of accidents and incidents that occurred there; b) data treatments under the electronic surveillance systems, Information systems of accidents and incidents and traffic monitoring systems and counting and classification of vehicles which do not identify users of road traffic routes referred to in the preceding paragraph. 3-for the purposes of the preceding paragraphs, shall be considered:) ' accident ' means any unwanted event that has resulted in injury to person or property damage; b)-«Incident» means any event or unwanted or unplanned episode likely to deteriorate the security situation or generate hazard or threat to normal bus station; c) «» tracking systems, infrastructure and applications that provide, whatever the technology used, the geographical positioning knowledge of mobile elements in transit in road traffic routes or its technical characteristics, communicating the relevant information to a central command and control; d) «service areas», marginal facilities to motorways, intended for support of its clients, namely, fuel stations, restaurants and hotel facilities. 4-Any references in this law to digital cameras, photographic or video, extended to any other technical means, as well as to any system that allows the realization of the recordings contained therein. 5-apply, for the purposes of this Act, the definitions in article 3 of law No. 67/98 of 26 October, with the necessary adaptations. 4 Article 2 Aims
1-installation and use of electronic surveillance systems and the creation and use of information systems of marine casualties and incidents in accordance with this law, are allowed with a view to the improvement of road safety and to guarantee compliance with the obligations of drivers. 2-Electronic surveillance systems information systems and bus accidents and Incidents aimed at only: a) the protection and safety of persons and property, public or private, in relation to road traffic; b) control and monitoring of road traffic; c) the detection and prevention of accidents; d) road assistance; and) the assessment and detection of situations related to payment and non-payment of toll rates, in particular for the purposes of imposition of fines, resolution and reply to complaints or requests for information formulated by the dealers and users. 3-the application of the preceding paragraph shall not preclude the use of these systems for the protection and safety of persons and goods, in accordance with and for the purposes of Decree-Law No. 207/2005, of 29 November.
Article 3 Data Protection 1-the use of electronic surveillance systems information systems and bus accidents and Incidents shall be governed by the provisions of law No. 67/98 of 26 October, concerning the treatment and collection of personal data, in everything that is not specifically regulated in this law. 5 2-the use of electronic surveillance systems information systems and bus accidents and Incidents is inspected by the National Commission for Data Protection, to ensure that the systems are proven to be suitable, appropriate and necessary to attain the objective and are safeguarded the rights, freedoms and guarantees of citizens.
CHAPTER II section I Systems Electronic Road surveillance systems article 4 General rules 1-EP and the Dealers are authorized to install and use Electronic Road surveillance systems and, in this context, treat personal data in accordance with this law. 2-the treatment of images is forbidden when affects, directly and immediately, the intimacy of private life of the people.
Article 5 Data processed in connection with the use of electronic surveillance systems, can be dealt with the following information: a) image; b) location data; c) speed; d) date and time of the registration; e) type and description of the occurrence. 6 article 6 1 controller-the controller of personal data is, in relation to the electronic surveillance system to operate on Bus: a) the EP; b) Concessionary Area dealership. 2-Notwithstanding the provisions of the preceding paragraph and the obligations arising from the concession contracts, the controller of personal data can opt for a subcontractor to carry out processing operations, provided for this purpose: a) such operations are governed by a written agreement binding the processor to the controller and that the processor cannot process data except on instructions from the controller except in pursuance of legal obligations; b) the subcontractor be also linked to the obligations arising from this Act for the controller.
Article 7 Term of conservation 1-without prejudice to the rules laid down in Decree-Law No. 207/2005, of 29 November, and sound judgment, personal data obtained by electronic surveillance systems can be saved by Bus maximum period of 180 days from the date of its collection or capture, do not apply the provisions of paragraph f) of paragraph 1 of article 23 of law No. 67/98 , 26 October. 2-the EP and utilities can save the data of their systems of electronic surveillance of anonymized form for an indefinite period, in particular for studies and statistics related to road traffic. 7 SECTION II information systems of accidents and incidents article 8 General rules 1-EP and utilities are allowed to create and use their own information systems of accidents and incidents and, in this context, treat personal data in accordance with this law. 2-If the EP and the concessionaires collect personal data directly to the respective holders must comply with the obligation of notification provided for in law No. 67/98 of 26 October, at the time of collection, except when it is manifestly impossible to comply with such obligation. 3-access of the EP and of the personal data that do not obtain directly from their holders is carried out with the competent authorities, namely the National Republican Guard, the public security police, the DMV and Automobile Registry in accordance with the legislation in force, being the costs fixed by agreement between the requesting entities and officials. 4-the security forces access to information systems created in this law shall be provided in accordance with section IV, without prejudice to the rules laid down in Decree-Law No. 207/2005, of 29 November.
Article 9 Data processed in the framework of the use of information systems from accidents and incidents can be dealt with the following information: a) and identification data contacts of people involved; b) vehicle identification data; c) place, date and time of the accident or incident; d) other elements strictly necessary to the description of the occurrence and that relate to the purposes provided for in article 2. 8 9 Article 10 1 controller-the controller of personal data is the EP or the concessionaire that create and use an information system of accidents and incidents. 2-Notwithstanding the provisions of the preceding paragraph and the obligations arising from the concession contract, the controller of personal data can opt for a subcontractor to carry out processing operations, provided for this purpose: a) such operations are drawn up by a written agreement binding the processor to the controller and that the processor cannot process data except on instructions from the controller except in pursuance of legal obligations; b) the subcontractor be also linked to the obligations arising from this Act for the controller.
Article 11 duration of conservation
1-The personal data contained in the information systems of accidents and incidents may be stored by the EP and the Dealers during the period is necessary for the purpose of collection or further processing, but not for a period exceeding five years. 2-By court decision, the maximum period indicated in the preceding paragraph may, in duly substantiated circumstances, be extended, at the request of the police or judicial entity, as well as the EP or the dealership when this is necessary for compliance with legal provisions. 3-the EP and utilities can save data on incidents of anonymized form for an indefinite period, in particular for studies and statistics related to road traffic. 10 SECTION III Procedure article 12 Notification mandatory installation of electronic surveillance systems and the creation of information systems of accidents and incidents are subject to notification to the CNPD.
Article 13 notification of installation of electronic surveillance systems installation notification of Road surveillance systems must Bus Electronics include the following elements: a) Plant of the country in which the electronic surveillance system installed, with an indication of the location of the boards 1/250000 scale; b) technical characteristics of the equipment used; c) identification of subcontractors, if applicable; d) the fundamentals of necessity and convenience of supporting installation and use of the Electronic Highway surveillance system; e) technical document on the location information signaling to users about the existence of the Electronic Road surveillance system as provided for in article 19, in plant 1/250000 scale; f) and security measures in order to ensure the correct use of personal data recorded; g) The means of access and of rectification of personal data collected; h) the storage period of personal data.
Article 14 Notification of information systems of 11 accidents and incidents the notification for creation of information systems of accidents and incidents must include the following elements: a) identification of road traffic routes included in the national road network and regional roads not integrated in local networks which intends to make the registration of incidents and accidents If the charge is the EP or Concessionary Zone ID which intends to make the registration of incidents and accidents, where the charge is a dealership; b) identification of the personal data that the EP or the dealership want to be treated; c) identification of subcontractors, if applicable; d) the fundamentals of necessity and convenience of supporting creation of Information System of accidents and incidents; e) information procedures to users about the existence of the information system of accidents and incidents; f) and security measures in order to ensure the correct use of the data recorded; g) The means of access and of rectification of personal data collected; h) the storage period of personal data.
SECTION IV Access, data reporting and data access interconnection article 15 security forces access, pursuant to Decree-Law No. 207/2005, of 29 November, electronic surveillance systems information systems and bus accidents and Incidents.
Article 16 communication of 12 1-data the personal data obtained through electronic surveillance systems information systems and bus accidents and Incidents must be reported, where requested, to the following entities: 13 a) security forces, under the terms and for the purposes of the legislation in force; (b)) to the judicial authorities, for the purposes of prosecution or the conduct of your Office processes; c) to DMV, for the purposes of the powers laid down in the highway code and supplementary legislation; d) entities with legal competence to assist in case of emergency and relief. 2-the EP, as Grantor, have access to data obtained by electronic surveillance systems information systems and bus accidents and Incidents operated by Dealers, for the purposes of exercising its powers in relation to Dealers. 3-for the purposes of mere public information, television operators and providing the communications operators, as well as the dissemination, by any means, directly by the EP or the Concessionaires, of traffic-monitoring images provided that such transmission and dissemination is carried out in conditions that do not affect, directly and immediately, the right of personal portrayal and the intimacy of private life of the people.
Article 17 the Interconnection EP and the concessionaires are permitted, for the purposes provided for in article 2, to carry out the interconnection of personal data in their own systems of electronic surveillance with the registered in the respective Bus information systems of accidents and incidents.
Section V rights of data subjects 14 article 18 right to information in areas subject to surveillance using electronic surveillance systems, it is compulsory to display clear and perceptible information indicative of the use of these systems.
Article 19 right of access and removal 1-is provided to all persons whose data containing information systems authorized by this law the rights provided for in article 11 of law No. 67/98 of 26 October, with the limits laid down therein, in particular to safeguard the prevention or criminal investigation and of State security, as well as the rights of third parties. 2-The rights provided for in the preceding paragraph shall be exercised before the controller of the data collected, either directly or through the CNPD.
SECTION VI professional secrecy and security measures article 20 professional secrecy 1-with the exception of the provisions of articles 15 and 16, shall be prohibited the transmission to third parties or the copy of the personal data obtained and treated in accordance with this law. 2-any person who, by reason of the exercise of their duties, have access to personal information collected in accordance with this law, must keep secrecy about the same and shall be subject to professional secrecy. 15 article 21 Safety Measures
1-the entities authorised to treat personal data in accordance with this law shall take security measures referred to in article 15 of law No. 67/98 of 26 October. 2-the measures referred to in the preceding paragraph shall be appropriate to the prevention of risks, taking into account the proportionality of the costs of your application and the State of technological developments.
Article 22 Monitoring the CNPD to supervise compliance with the provisions of this law.
SECTION VII article 23 offences are subsidiary legislation On everything that is not provided for this law, including administrative and judicial supervision, liability and sanctions, the provisions of law No. 67/98 of 26 October, namely articles 35 to 49 article 24 processing and application of fines 1-competes to the CNPD offences processing and application of fines for infringement of the provisions of law No. 67/98 , 26 October. 2-the fate of fines is laid down in article 42 of law No. 67/98 of 26 October. 16 CHAPTER III transitional and final provisions article 25 Safeguard of the provisions of this law shall not affect the regime established in the Royal Decree regulates the procedures in the installation and treatment of road surveillance systems information, pursuant to article 23 of law No. 39/2005, of 29 July and Decree-Law No. 207/2005 , of 29 November, as well as what stems from legislation applicable to service areas in marginal facilities at road traffic routes included in the national road network and regional roads integrated municipal networks, not intended to support of its clients, namely, fuel stations, restaurants and hotel facilities.
Article 26 transitional provision 1-With a view to entry into full operation of the functionality of the electronic surveillance systems information systems and bus accidents and Incidents already installed by the EP and the dealers, should the same make the notifications and take the other measures required legally, until six months after the entry into force of this law. 2-for the purposes of notification and registration processes all the documentation already supplied to the CNPD resubmission is not needed.
Article 27 entry into force this law shall enter into force on the day following your publication.
Seen and approved by the Council of Ministers of 16 February 2006 17 18 Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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