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PROPOSED LAW NO. 59 /X

Exhibition of Motives

The Decree-Law No. 207/2005 of November 29, came to regulate the procedures

provided for in Article 23 of the Law No 39-A/2005 of July 29 as to the installation of

systems for road surveillance and the handling of information. In the course of the

legislative process that created that regime, was underlined the need for

establish standards that legitimize the installation of videovigilance systems by

part of the relevant entity for the management of national roads and the

road dealerships, in the respective lanes concessionaires.

Road safety and road safety policies are indispensable tools

to reverse the statistics relating to the number of accidents with victims, which reflect

the national situation in this matter, with relative indices higher than the European average,

despite the decreasing trend that has been ascertaining. This is a national issue that

needs an extended contribution (Assembly Republic, Government, Administration

Public, security forces, traffic gestures, motorways and roads

national, authorities, associations of users and citizens.)

In this framework, they assume particular responsibility for EP-Roads of Portugal. E. P. E.

and the dealership companies that maintain the management of the main viary axes. The

State came to recognize such a role and consecrated, specifically in the diplomas that

approved the concessions and subsequent contracts, specific obligations that

impend on these companies, regarding traffic monitoring, aid

to drivers, fluidity of transit and information to users. To comply with such

obligations it is indispensable to resort to means of electronic surveillance.

The Law No. 39-A/2005 of July 29, came to introduce one-off amendments to the law regulating

the use of electronic surveillance equipment by the forces and services of

safety in public places of common use (Law No 1/2005 of January 10),

that have earned a broad consensus in parliamentary seat.

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It is now important to issue the legal credential that will allow to clarify the use of the means and

mechanisms indispensable to the pursuit of road prevention and safety by

part of the said entities.

That was, incidentally, the sense of the National Data Protection Commission's opinion

(CNPD), when, by recognizing that Law No. 39-A/2005, of July 29 took a step

important-to the extent that it authorised the security forces to use the systems

installed and to install that they have as their purpose the safeguard of the security of the

people and goods in the road movement, he emphasized, too, to be indispensable that the

uses and treatments to be carried out by concessionary companies had appropriate

legal credential.

The National Data Protection Commission (CNPD) was heard.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

CHAPTER I

General Provisions

Article 1.

Object and scope of application

1-A This Law regulates the applicable special scheme:

a) To the installation and use of electronic surveillance systems, by means of

digital, video or photographic cameras, of location systems and of

speed electronic surveillance systems (" Surveillance systems

Road Electronics ") by the EP-Roads of Portugal, E. P. E. (" EP ") , in the

road traffic routes included in the national road network and in the

regional roads not integrated into municipal networks, and by dealerships

road ("Dealerships") in the respective zones dealings (" Zone

Concessionary ") for capturing and recording of data and its later

treatment;

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b) On the creation and use by the EP of event management systems and by the

Dealerships of information systems, containing the registration of accidents and

incidents occurring in the respective Concessionary Zones (" Systems of

Information of Accidents and Incidents ").

2-Fiction expressly excluded from the scope of this Law:

a) The surveillance systems installed in the service areas of the lanes

road scheduled in the preceding paragraph, as well as the registration of accidents and

incidents there occurred;

b) The data treatments in the framework of Electronic Surveillance Systems

Road, the Information Systems of Accidents and Incidents and the

traffic monitoring and counting systems and vehicle classification

that do not allow to identify users of the road traffic routes

predicted in the previous number.

3-For the purposes of the provisions of the preceding paragraphs, they shall be considered:

a) "Accident" means any undesired event that has as a result injury of

person or material damage;

b) -"Incident", any event or episode not desired or not

scheduled likely to deteriorate the conditions of safety or generate

danger or threat to the normal road;

c) "Location systems", the infrastructures and applications that provide,

whatever the technology used, the knowledge of positioning

geographical elements of moving elements transiting in road traffic routes

or of its technical characteristics, communicating the relevant data to a

central of command and control;

d) "Service Areas", the marginal facilities on the motorways, intended for

support from its users, specifically, supply posts of

fuels, catering units and hotel facilities.

4-Any references made in this Law to digital cameras, video or

photography, understand extendable to any other analogous technical medium, well

as to any system that allows the realization of the recordings in it.

5-They shall apply, for the purposes of this Law, the definitions set out in Article 3 of the

Law No. 67/98 of October 26, with the necessary adaptations.

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Article 2.

Purposes

1-A installation and use of Highway Electronic Surveillance Systems and the

creation and use of Accident and Incident Information Systems, in the terms

of this Act, shall be authorised with a view to improving the conditions for prevention and

road safety and the guarantee of the performance of the duties of drivers.

2-The Highway Electronic Surveillance Systems and Information Systems of

Accidents and Incidents are aimed solely at:

a) The protection and security of persons and goods, public or private, in what

respects the road movement;

b) The monitoring and monitoring of road traffic;

c) The detection and prevention of accidents;

d) The provision of road assistance;

e) The appreciation and detection of situations related to payment and lack of

payment of toll fees, specifically for the purpose of application of

fines, resolution and response to complaints or requests for clarification

formulated by dealerships and users.

3-A The application of the provisions of the preceding paragraph shall be without prejudice to the use of such systems for

protection and safety of persons and goods, in the terms and for the purposes of the provisions of the

Decree-Law No. 207/2005 of November 29.

Article 3.

Protection of data

1-A Use of Road Electronic Surveillance Systems and Systems of

Information for Accidents and Incidents is governed by the provisions of Law No. 67/98, 26

of October, as to the processing and collection of personal data, in everything that is not

find especially regulated in this Law.

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2-A Use of Road Electronic Surveillance Systems and Systems of

Information for Accidents and Incidents is scrutinised by the National Commission of

Data Protection, with a view to ensuring that the systems are demonstrably

idogens, suitable and necessary to achieve the proposed goal and are

safeguarded the rights, freedoms and guarantees of citizens.

CHAPTER II

Systems

SECTION I

Electronic Highway Surveillance Systems

Article 4.

General rules

1-A EP and the Dealerships stay authorized to install and use Systems from

Electronic Road Surveillance and to, in that scope, handle personal data, in the

terms of this Law.

2-The treatment of images is vetted when it affects, in a direct and immediate way, the

intimacy of people's private life.

Article 5.

Data subject of treatment

Within the framework of the use of Highway Electronic Surveillance Systems, they may be

treated the following data:

a) Image;

b) Location data;

c) Speed;

d) Date and time of registration;

e) Type and description of the occurrence.

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Article 6.

Responsible for the treatment

1-The person responsible for the processing of personal data is, in relation to the System of

Electronic Highway Surveillance that operates:

a) The EP;

b) The dealership of the Concessionada Zone.

2-Without prejudice to the provisions of the preceding paragraph and the obligations arising from the

concession contracts, the controller responsible for the processing of your personal data may opt

by a subcontractor to carry out treatment operations, provided that to the effect:

a) Such operations are governed by a written contract that links the

subcontractor to the controller and which establishes that the

subcontractor may not proceed to the processing of the data without instructions from the

responsible for the treatment, save by virtue of legal obligations;

b) The subcontractor shall also be bound by the obligations arising from the

gift law to the controller.

Article 7.

Term of conservation

1-Without prejudice to the rules laid down in Decree-Law No 207/2005 of November 29,

and save judicial decision, the personal data obtained by the Surveillance Systems

Road Electronics can be kept for the maximum period of 180 days,

numbered on the date of the respective collection or catchment, not the provisions of

in the paragraph f) of Article 23 (1) of Law No 67/98 of October 26.

2-A EP and the Dealerships may conserve the data of the respective Systems of

Electronic Road Surveillance in an anonymized form by indefinite time,

specifically for the conduct of studies and statistics related to the

road circulation.

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SECTION II

Information Systems of Accidents and Incidents

Article 8.

General rules

1-A EP and the Dealerships stay allowed to create and use their own

Information Systems of Accidents and Incidents and to, in that scope, handle data

personal, under the terms of this Law.

2-Should the EP and the Dealerships collect personal data directly from the

respective holders must comply with the information obligation provided for in Law No.

67/98, of October 26, at the time of collection, save when it is manifestly

impossible to fulfill such an obligation.

3-The access of EP and Dealerships to personal data that do not obtain

directly from the respective holders is carried out with the official entities

competent, specifically the Republican National Guard, the Policia de

Public Safety, the General Directorate of Viation and the Conservatory of the Register

Automobile, under the current legislation, being the costs set upon

agreement between the requesting entities and the official entities.

4-The access of security forces to the information systems created in this Law

is secured pursuant to Section IV, without prejudice to the rules laid down in the Decree-

Law No. 207/2005 of November 29.

Article 9.

Data subject of treatment

In the context of the use of the Information Systems of Accidents and Incidents, they may

be treated the following data:

a) Identification data and contacts of the persons involved;

b) Vehicle identification data;

c) Location, date and time of the accident or incident;

d) Other elements strictly necessary for the description of the occurrence and

which relies on the purposes laid down in Article 2.

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Article 10.

Responsible for the treatment

1-The person responsible for the processing of personal data is the EP or the Dealership that

create and use an Information System of Accidents and Incidents.

2-Without prejudice to the provisions of the preceding paragraph and the obligations arising from the

concession contract, the controller responsible for the processing of your personal data may opt

by a subcontractor to carry out treatment operations, provided that for the

effect:

a) Such operations are drafted by a written contract that links the

subcontractor to the controller and which establishes that the

subcontractor may not proceed to the processing of data without instructions from the

responsible for the treatment, save by virtue of legal obligations;

b) The subcontractor shall also be bound by the obligations arising from the

gift law to the controller.

Article 11.

Term of conservation

1-The personal data set out in the Information Systems of Accidents and

Incidents can be retained by the EP and the Dealerships during the

period necessary for the pursuit of the purposes of the collection or processing

later, but not by maturity of more than five years.

2-Mediating judicial decision, the maximum period indicated in the preceding paragraph may, in

duly substantiated circumstances, be extended, the requirement of the

police or judicial entity, as well as from the EP or the dealership when such if

revs it necessary for the fulfilment of legal provisions.

3-A EP and the Dealerships may conserve the data relating to the incidents of

anonymised form by indefinite time, specifically for realization of

studies and statistics related to road movement.

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SECTION III

Procedures

Article 12.

Mandatory notification

The installation of Highway Electronic Surveillance Systems and the creation of Systems

of Information from Accidents and Incidents, are subject to notification to the CNPD.

Article 13.

Notification of installation of Highway Electronic Surveillance Systems

The notification of installation of Highway Electronic Surveillance Systems shall

include the following elements:

a) Plant of the area of the national territory where the System of

Electronic Road Surveillance, with indication of the location of the cameras

at the scale of 1/250000;

b) Technical characteristics of the equipment used;

c) Identification of subcontractors, if it is the case;

d) The justifying fundamentals of the need and convenience of the installation and

use of the Highway Electronic Surveillance System;

e) Technical document relating to the location of information signage to the

users about the existence of the Highway Electronic Surveillance System

as provided for in Article 19, in plant at the scale of 1/250000;

f) The mechanisms and safety measures aimed at ensuring correct use

of the registered personal data;

g) The forms of access and rectification of the personal data collected;

h) The period of preservation of personal data.

Article 14.

Notification of Information Systems of Accidents and Incidents

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The notification for creation of Accident and Incident Information Systems must

include the following elements:

a) Identification of road traffic routes included in the road network

national and on the regional roads not integrated into the municipal networks in which

if you intend to make the registration of incidents and accidents, if the person responsible is the

EP or identification of the Concessionary Zone in which you intend to make the registration

of incidents and accidents, if the responsible entity is a dealership;

b) Identification of the personal data that the EP or the Dealership intend

treat;

c) Identification of subcontractors, if it is the case;

d) The justifying fundamentals of the necessity and convenience of the creation of the

Information System of Accidents and Incidents;

e) The procedures for information to users about the existence of the System

of Information from Accidents and Incidents;

f) The mechanisms and safety measures aimed at ensuring correct use

of the recorded data;

g) The forms of access and rectification of the personal data collected;

h) The period of preservation of personal data.

SECTION IV

Access, communication of the data and interconnection

Article 15.

Access to data

The security forces aced, pursuant to the Decree Law No. 207/2005, of 29 of

November, the Highway Electronic Surveillance Systems and the Systems of

Information of Accidents and Incidents.

Article 16.

Communication of data

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1-The personal data obtained through the Highway Electronic Surveillance Systems

and of the Information Systems of Accidents and Incidents shall be communicated,

where requested, to the following entities:

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a) To the security forces, in the terms and for the purposes of the legislation in force;

b) To the judicial authorities, for the purposes of establishing or conducting the

processes to his office;

c) To the Directorate General for Travel, for the purposes of the powers provided for in the

Road Code and supplementary legislation;

d) To entities with legal competence to provide assistance in the event of

emergency and help.

2-A EP, in the quality of Concepdent, has access to the data obtained by the Systems of

Electronic Highway Surveillance and Accident Information Systems and

Incidences operated by the Dealerships, for the purposes of exercising their

competencies in relation to Dealerships.

3-For the purposes of mere public information, it is allowed to give in to operators of

television and communications operators, as well as disclosure, by any

means, directly by the EP or by the Dealerships, of monitoring images

of traffic, provided that such transmission and disclosure are carried out under conditions

that they do not affect, in a direct and immediate way, the right to image and intimacy of the

private life of people .

Article 17.

Interconnect

The EP and the Dealerships shall be authorised, for the purposes set out in Article 2,

to make the interconnection of the personal data constant of its own Systems of

Electronic Road Surveillance with those registered in the respective Systems of

Information of Accidents and Incidents.

SECTION V

Rights of the Titular of Data

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Article 18.

Right of information

In the subject areas of surveillance with recourse to Electronic Surveillance Systems

Road, it is mandatory to affix clear and noticeable information indicative of the

use of the said systems.

Article 19.

Right of access and disposal

1-Are assured to all persons whose data is in the information systems

authorized by this Law the rights provided for in Article 11 of Law No 67/98, of

October 26, with the limits on it laid down, specifically for safeguarding the

prevention or criminal investigation and security of the state, as well as rights

of third parties.

2-The rights provided for in the preceding paragraph shall be exercised before the responsible for the

treatment of the data collected, either directly or through the CNPD.

SECTION VI

Professional Secrecy and Security Measures

Article 20.

Professional secrecy

1-Except for the provisions of Articles 15 and 16, the transmission to third parties shall be prohibited

or the copy of the personal data obtained and processed pursuant to this Law.

2-Any persons who, on the grounds of the exercise of their respective functions, have

access to personal data collected pursuant to this Law, they shall store

secrecy about the same, becoming subject to professional secrecy.

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Article 21.

Security measures

1-Entities authorized to handle personal data pursuant to this Law shall

take the security measures referred to in Article 15 of Law No 67/98 of 26 of

October.

2-The measures referred to in the preceding paragraph shall be appropriate for the prevention of the

existing risks, taking into account the proportionality of the costs of its application and the

state of technological evolution.

Article 22.

Surveillance

It is incumbent on the CNPD to scrutinize compliance with the provisions of this Law.

SECTION VII

Offences

Article 23.

Subsidiary legislation

In everything that is not provided for in this Law, specifically in the matter of guardian

administrative and jurisdictional, civil liability and sanctions, are applicable

provisions of Law No 67/98 of October 26, specifically Articles 35 to 49.

Article 24.

Processing and application of fines

1-Compete à CNPD the processing of the counter-ordering and application of the fines

for violation of the provisions of Law No 67/98 of October 26.

2-The fate of the fines is the one provided for in Article 42 of Law No 67/98 of October 26.

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CHAPTER III

Final and Transitional Provisions

Article 25.

Safeguarding of regimes

The provisions of this Law shall not affect the regime established in the diploma that regulates the

procedures in the installation and handling of information in surveillance systems

road, pursuant to Article 23 of Law No 39-A/2005 of July 29 and the Decree-

Law No. 207/2005 of November 29, as well as what stems from the legislation applicable to

service areas in the marginal facilities to the road traffic routes included in the

national road network and the unintegrated regional roads in municipal networks,

intended for the support of its users, specifically, supply posts of

fuels, catering units and hotel facilities.

Article 26.

Transitional arrangement

1-With a view to the entry into full operation of the functionalities of the Systems of

Electronic Highway Surveillance and Accident Information Systems and

Incidents already installed by the EP and the dealerships, should the same proceed

to notifications and to adopt the remaining legally binding arrangements, up to six

months after the entry into force of this Law.

2-For the purposes of the notification and registration processes all the documentation already

provided to the CNPD does not lack representation.

Article 27.

Entry into force

This Law shall come into force on the day following that of its publication.

Seen and approved in Council of Ministers of February 16, 2006

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The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs