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1 PROPOSAL of law No. 94/X explanatory memorandum 1. This Bill seeks to create the citizen card and establish the regime of its issue and use. With the creation of this new card, the Government intends to, firstly, strengthening the safety standards of the civil identification and, simultaneously, introducing in the public administration and in society in General an important instrument for the modernisation. Conceived in this Bill as a genuine certificate of citizenship, the citizen card takes so the form of a physical document, which identifies visual and in person the citizen, safely, but also of a digital document, which allows the citizen to identify and authenticate themselves electronically in the acts in to intervene.
2. Strengthen citizens ' identification security, harmonizing the system of identification of nationals with EU requirements is one of the central objectives of the creation of the citizen card. Indeed, it is well known that the current model of identity card faces growing difficulties to respond satisfactorily to the international standards of quality and security of identity and travel documents, especially those new requirements to protect against fraud. In this way, and subscribing to enhanced security policy already implemented in the new electronic passport, recently approved through Decree-Law No. 138/2006, of July 26, the citizen's card must incorporate an integrated circuit (chip) and the customization process uses advanced devices, namely for safe insertion of data in integrated circuit, guaranteeing you a high level of integrity , authenticity, and confidentiality. In the definition of the levels of security, this proposal incorporates the provisions of 2 by Regulation (EC) No 2252/2004, of 13 December (Official Journal n° L 385 of December 29, 2004). The details of the technical specifications are sent to Ordinances to more easily be able to follow the development of the international technical guidelines.
3. In this challenge of the creation and issuance of a new instrument for secure identification, the XVII constitutional Government also sees an opportunity to offer every citizen the keys to enter the universe of electronic documents. In this way, each citizen's card includes the option to be associated with a qualified electronic signature. If that is his will, the holder may well use his card to sign and authenticate your documents you send electronically. Later, with the generalization of the exploitation of this opportunity, the citizens will also have at its disposal a tool to quickly check the authorship and the integrity of the documents are sent electronically by other citizens. Consecrating the offer of qualified electronic signature functionality in a document that is in widespread use and complies with the most demanding secure identification parameters, such as the citizen card, this Bill applies a strategic option of greater significance to the spread of information and communication technologies (ICTs), for the development of innovation activities and knowledge and , as is general purpose, for the approach to technological advanced societies border.
4. On the other hand, the citizen card project was designed to be a vehicle of bureaucracy and administrative modernization. Are well known diagnoses who denounce and criticize the bureaucratic practices of the public administration and the livelihoods of a culture of mistrust. Pass excellent Diagnostics to concrete actions of administrative simplification to facilitate life for citizens constitutes a permanent orientation of the XVII constitutional Government. This Bill provides for so be printed in the same documentary, the main support contact numbers of citizens with the Public Administration: the civil identification number, tax identification number, the number of 3 user of health services and the Social security identification number. Is, moreover, a measure of financial rationalization in terms of identification documents before the Public Administration, to the extent that the new card is the functionality of four. In the context of the reform of the rules governing the preparation of the electoral roll, is considered the Elimination of voter card is used only the citizen card. Based on the use of modern information technologies, also the procedures for the issuance, renewal and delivery of citizen card combines the advantages of decentralized existence of reception services with no printed and the reduction to the minimum of paper media, which mostly are used for sending secret codes or card activation issue in exceptional cases, temporary identification document.
5. Regarding the subject of protection of personal data, we must mention that the reception services carry out successive connections separately with each of the databases that maintain their autonomy. These links allow you to, at first, confirm the identity of the applicant, and then provide confirmation or of the identification numbers which are included in the citizen card. The fate of the personal information collected with the statement of claim is legally set: in addition to its printing or insertion into the own citizen's card, the files with the facial image, autographed, height and signature prints are communicated only to the database concerning civil identification. When it comes to the use of the features of the card, the rule is the exclusive control of the citizen card holder itself on access to information stored in the integrated circuit (chip) and on its elements. Exceptions are provided for reasonable, the information about the address and comparison of fingerprints. As for the address, recalled that the police authorities are legally required, in the exercise of its supervisory functions, in particular with regard to road traffic offences committed by pedestrians or by individuals transported, to instruct the record with the address of the agent of the infringement.
4 6. Finally, it should be noted the flexible discipline outlined for the transitional period. The replacement of the identity card of all citizens should not be held simultaneously, by nuisance that this solution would cause to the citizens but also for the extra risk of disturbing the security of the entire system and circuit card customization. Who knows, by the knowledge of other experiences of migration, which in these cases always arise replacement circumstances and difficulties, or unforeseen circumstances, so it is recommended to keep some prudence in setting quantitative targets and it is essential to develop and periodically review prevention plans and contingency plans. Therefore, dedicates the objective of a gradual coverage of the national territory and do not need the citizen any exceptional duty: is the existence of a contact related to the ID or with some other cards, only then trigger the process of issuance of the citizen card. And provides for the creation, by order of a regulatory legal framework allowing evolutionary processes monitoring in the transitional period of replacement of identity card by the citizen card.
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 proposal: chapter I citizen card section I General provisions article 1 5 Subject to this law creates the citizen card and governs their issuance, replacement, use and cancellation.
Article 2 Defining the citizen card is an authentic document that contains the data of every citizen are relevant to their identification and includes the civil identification number, tax identification number, the number of users of health services and the Social security identification number.
Article 3 1-Holders getting the citizen card is mandatory for all citizens, resident in Portugal or abroad, from six years of age or as soon as your submission is required for the relationship with any public service. 2-the citizen card is optional for the Brazilians who, pursuant to Decree-Law No. 154/2003, of July 15, has been granted the General status of equality of rights and duties provided for in the Treaty of Friendship, cooperation and consultation between the Portuguese Republic and the Federative Republic of Brazil, signed in Porto Seguro, on 22 April 2000 approved by Resolution of the Assembly of the Republic n° 83/2000 and ratified by Presidential Decree No. 79/2000, of 14 December.
6 article 4 Efficiency
The citizen card constitutes title enough to prove the identity of the holder before any authorities and public or private entities, being valid throughout the national territory, without prejudice to the extraterritorial efficiency recognized by community standards, international conventions and standards issued by the competent bodies of international organisations of which Portugal is a party, as established in its founding treaties.
Article 5 prohibition of retention 1-identity Conference which is necessary to any public or private entity does not allow the retention or conservation of the citizen card, except in the cases expressly provided for by law or by a decision of the judicial authority. 2-it is also prohibited the reproduction of the citizen card, photocopy or any other means without the consent of the holder, except in the cases expressly provided for by law or by a decision of the judicial authority. 3-the person who find citizen card that doesn't belong to you or the entity to whom the card is delivered must refer it immediately to any service or the police authority.
SECTION II description of citizen card article 6 structure and features 1-the citizen card is an identification document that includes a specific zone aimed at optical and incorporates an integrated circuit. 7 2-the citizen card allows its holder: a) Prove its identity vis-à-vis third parties by reading of the visible elements, assisted by scanning of a particular zone; b) Prove its identity vis-à-vis third parties by means of electronic authentication; c) Authenticate uniquely through a qualified electronic signature, as author of an electronic document.
Article 7 visible elements 1-the citizen's card contains the following elements visible, its holder identification: a) Nicknames; b) name (s) (s); c) membership; d) nationality; e) date of birth; f) sex; g) height; h) facial image; I) signature; j) civil identification number; l) tax identification number; m) number of user of health services; n) Social security identification number. 2-in the absence of information about any element referred to in the preceding paragraph, the citizen's card contains, in the area destined to this element, the inscription of the letter ' X ' or another name referred to in the law. 3-in addition to the elements of identification of the holder referred to in paragraph 1, the citizen's card contains the following: a) the Portuguese Republic, while the issuing State; 8 b) document type; c) document number; d) expiry date; e) version number of the citizen's card; f) Porto Seguro Treaty of 22 April 2000, if it is issued in accordance with paragraph 2 of article 3 4-specific area intended for optical reading of the citizen's card contains the following information and particulars: a) Nicknames; b) name (s) (s) of the holder; c) nationality; d) date of birth; e) sex; f) the Portuguese Republic, while the issuing State; g) type of document; h) document number; I) expiration date.
Article 8 information contained in 1 integrated circuit-the citizen card incorporates an integrated circuit where are inserted, in conditions that ensure high levels of safety, the following elements: the holder's identification) referred to in paragraph 1 of the preceding article, with the exception of (i)); b) Address; (c)) date of issue; d) expiry date; e) fingerprints; f) field reserved for any indications, typified in the law. 2-in addition to the particulars referred to in the preceding paragraph, the integrated circuit contains: 9 a) certificate for secure authentication; b) qualified certificate for qualified electronic signature; c) software applications necessary for the performance of the functions of the citizen card and to its management and security. 3-By will of the citizen card holder, the integrated circuit may contain a zone intended for filing personal information.
Article 9 Nicknames and name (s) own (s) the nicknames and the name (s) (s) of the holder are entered in the citizen's card in accordance with the grammatical words listed in its seat.
Article 10 1 Membership-membership of the owner is entered in the citizen's card in accordance with what must be included in the seat. 2-in the visible elements of the citizen card cannot be enrolled more than four nicknames of the progenitors, the start of the last surname, unless the holder choose another order or declare to accept the use of initials.
Article 11 Sex the sex is entered in the citizen's card the initials «M» or «F» depending on the holder is male or female.
10 article 12 1 Signature-signature means, for the purposes of this law, the reproduction scanned the civil name, written by the proprietor, complete or abbreviated, so usual and characteristic and with freedom of spelling. 2-the signature cannot contain drawings or graphics. 3-If the applicant cannot or do not know signing, mention should be made of that fact in the citizen's card for the scanned signature and reproduction in the field reserved for any indications.
Article 13 1 Address-the address is the physical postal address, freely indicated by the citizen, corresponding to the location where you can be contacted on a regular basis. 2-to communicate with the services of the State and public administration, in particular with the civil identification services, tax services, health services and Social security services, the citizen has for domiciled, for all legal purposes, at the place referred to in the preceding paragraph, without prejudice to can designate other addresses, electronic or physical, professional or conventional pursuant to the law. 3-the citizen card holder must communicate new postal address and promote, next to reception services, the updating of the address on my citizen card as soon as it is no longer possible your regular contact at the location indicated above. 4-requires the authorization of the holder, the effect upon insertion of the personal code (PIN), access to information about the address filed on the citizen card integrated circuit, without prejudice to the direct access of the judicial authorities and police authorities to citizen identity Conference, in the exercise of powers laid down in the law. 11 article 14 prints 1-collecting fingerprints are those of two index fingers or other fingers, if this is not possible. 2-When fingerprints taken are not those of indicators, should be mentioned in the field reserved for any indications, the finger and hand that match. 3-unable to reap any fingerprint must be mention of the fact that in the field of citizen card reserved for any indications. 4-verification of fingerprints is one of the features of the integrated circuit and its reproduction is not allowed. 5-for the purposes of verifying the identity of the citizen, judicial authorities and law enforcement authorities have access to the functionality of the fingerprints, exclusively for the exercise of legal powers attributed to them.
Article 15 any Indications 1-the content of the entries made in the field reserved for any indications must respect the principles of equality and proportionality and just be the necessary and appropriate to indicate any specialty or lack of information regarding some of the elements of identification referred to in articles 7 and 8 2-entries are entered in accordance with the technical rules of issuance of travel documents and If they are related to some element referred to in paragraph 4 of article 7, also in the area destined to.
Article 16 1 identification numbers-the citizen card implies the attribution of civil identification number, tax identification number, the number of users of health services and the number of 12 Social security identification, which is made from information obtained and confirmed, separately, on each of the databases that are managed with autonomy by the competent authorities in accordance with law. 2-do not allow the interconnection or cross-registered in bases referred to in the preceding paragraph, unless duly authorised by law or by the National Commission for Data Protection.
Article 17 document number and version number of the citizen card 1-every citizen's card is assigned a document number, consisting of three characters, two alphanumeric characters and a control digit, prefaced by the civil identification number of the right holder. 2-the number of document constitutes an element of security that can only be used to monitor and prevent the use of citizen cards canceled by loss, theft or robbery. 3-each version or citizen card series is also assigned a control number and technical management.
Article 18 digital certificates
1-With the citizen card is issued a certificate for authentication and a qualified certificate for qualified electronic signature necessary for its use. 2-the authentication certificate is always activated at the time of delivery of the citizen card. 3-the qualified certificate for qualified electronic signature is optional, but activation can only be activated and used by citizen aged 16 or more. 4-every time you wish to use any of the communication features 13 activated electronic citizen card, the holder must enter the your personal code (PIN) in the relevant reading device. 5-certificates are revocable at any time and, after revocation, the issuance of new certificates associated with the citizen card is only possible with the replacement. 6-the certificate for authentication and the qualified certificate for qualified electronic signature applies the provisions of Decree-Law No. 290-D/99, of 2 August, republished by Decree-Law No. 62/2003, of 3 April and amended by decree-laws Nos. 165/2004, of 6 July and 116-A/2006, of June 16, though those certificates subject to legal rules and regulations concerning the electronic certification system of the State.
Article 19 expiration date 1-the General term of validity of the citizen card is fixed by order of the Member of Government responsible for the justice sector. 2-the citizen card is valid until the date indicated therein, in accordance with the Ordinance referred to in the preceding paragraph.
CHAPTER II Rules of competence and procedure section I article 20 Responsibilities of the citizen card Services 1-the Directorate-General of registers and notaries (DGRN): a) to conduct transactions relating to the issuance, replacement and cancellation of the citizen's card; 14 b) ensure that transactions relating to the citizen card customization are performed in compliance with the applicable safety and technical requirements; c) Define the procedures of control and security with regard to accreditation of employees and agents; d) ensure that issued certificates for authentication and the qualified certificates for qualified electronic signature with respect for the rules of the system of electronic certification; 2-can run as services for receipt of requests for issuance, replacement and cancellation of the citizen card: a) The departments responsible for civil identification; (b)) The civil registry office designated by order of the Director-General of registers and notaries; c) Other government services, including the shops of the citizen or equivalent services, by agreement with the DGRN Protocol. 3-the DGRN ensures a mobile reception service moving to the place where the person concerned in cases of justified difficulty moving the fixed front desk service. 4-The forms of operation of mobile reception services are defined in conjunction with the public authorities responsible for the implementation of the rehabilitation policy. 5-abroad work as services for receipt of requests for issuance, replacement and cancellation of the citizen's card, and consular sections designated by order of the Member of Government responsible for Foreign Affairs.
Article 21 1 citizen support service-the DGRN ensures the functioning of a service to the citizen, in particular, offers and disseminates information on the application and to the process of issuance of the citizen's card, and the conditions of its use, replacement and cancellation 15. 2-in the provision of service to the citizen is taken into account the inclusion of citizens with special needs in the information society.
Article 22 Financial Protocols the DGRN may conclude protocols with other departments of the public administration involved in the issuance of the citizen's card, to regulate the terms, conditions of cooperation and possible trade-offs.
Article 23 Supervision Agency is responsible for the administrative modernization ensure the supervision of the development of the citizen's card and the promotion of services that may be associates.
SECTION II article 24 Procedure Request 1-citizen card issuance, replacement and updating of the address are required by the holder of the corresponding identification data, reception services indicated in article 20 2-requests relating to minor not emancipated, the forbidden and the disabled by psychic anomalies are presented by who, under the law exercises parental authority, guardianship or custodianship, with the presence of the holder. 3-If not carried out the registration of the judgment granting the powers invoked by 16 who exercises parental authority, guardianship or custodianship over banned or disqualified for psychic anomaly, the own representative or Assistant must display proof of that quality.
Article 25 Elements accompanying the application 1-the application shall be accompanied by the following elements of identification of the right holder: a) facial image; b) fingerprints; c) signature; d) height. 2-The facial image and capture the fingerprints of the holder of the application must be in compliance with the technical and safety requirements laid down by order of the members of the Government responsible for the areas of administrative modernization and justice. 3-the collection and verification of facial image data, fingerprints, signature and time can only be made at the reception and service by employee or duly accredited by the DGRN or, in the case of the reception service work in post or consular section, per employee or duly accredited by the Directorate-General for Consular Affairs and Portuguese communities.
Article 26 1 citizen card Replacement-the replacement of the citizen card is made along with any reception service, in the following cases and situations: a) during the period of validity; b) poor condition or operation; c) loss, destruction, theft or burglary; d) issuance of new certificates by reason of previous revocation certificates; 17 e) Downgrade of identification elements. 2-in the case referred to in point (a)) of the preceding paragraph, the application for replacement of the citizen card should be carried out within the last six months of their term of validity.
Article 27 verification of personal data 1-verifying the reliability of personal data of the person concerned and, where appropriate, the Conference of the identity of the applicant to exercise parental authority, guardianship or custodianship over the person concerned shall be made at the reception service with the available means, in particular: the comparison of data) in ID citizen card or valid passport, birth certificate or personal bulletin; b) by comparing the fingerprints and facial image with the previously collected for issuance of citizen's card; c) For real-time communication with the carrier service. 2-where it is not possible to carry out the verification of the personal data of the person concerned in accordance with subparagraph (a) (c)) of the preceding paragraph, the applicant shall indicate elements that allow to locate the seat of birth, in particular, the place of birth, date and, if known, the civil registry office. 3-when you give rise to doubts as to the accuracy or ownership of the identification elements, the reception service must practice the steps necessary for the verification and may require the production of additional evidence. 4-the services responsible for civil identification and other services whose competence subject to the purposes set out in the preceding paragraphs shall provide appropriate cooperation in the realization of the necessary steps speedily. 5-The verification of the reliability of the data can only be made by an employee or agent of reception services, duly accredited.
18 article 28 Confirmation of the data collected the data collected to instruct the application for issuing and replacing the citizen's card must be confirmed by the applicant.
Article 29 Working Party Confirmation of elements relating to health services 1-in addition to the elements of identification referred to in articles 7 and 8, are still collected, at the time of the request, the following information: a) Indication of the subsystem; b) social security number of the subsystem; c) period of validity of the registration in the subsystem. 2-the data referred to in the preceding paragraph are only communicated to databases of health services for the purposes of identification of the user.
Article 30 choice of place of delivery the applicant indicates, at the time of the request, the reception service where you want to lift the citizen card.
Article 31 Delivery
1-the sending of the confirmation of the delivery location of the citizen card, as well as activation codes, personal code (PIN) and the personal code to unlock (PUK) is made to the address of the holder indicated in accordance with paragraph 1 of article 13 2-the citizen card is delivered in person to the holder or the third party who has previously been indicated by the holder upon request as well as the person who supplies, 19 under the law, the inability of the holder. 3-the electronic citizen card activation, pursuant to paragraphs 2 and 3 of article 18, is always made by the reception and service by the right holder or person who represents, in the Act of delivery. 4-the citizen card can only be made by an official or duly accredited by the DGRN or, in the case of the reception service work in post or consular section, per employee or duly accredited by the Directorate-General for Consular Affairs and Portuguese communities.
Article 32 Complaints 1-the applicant must verify and confirm, at the time of delivery from the citizen's card, that the data contained in the citizen card are correct. 2-acceptance of complaint of the person concerned on the grounds of error of issuer services or manufacturing defect implies the free issue of new citizen card.
Article 33 Cancellation 1-the application for cancellation of the citizen's card must be made within 10 days after knowledge of the loss, destruction, theft, and implies the cancellation of the authentication mechanisms associated with the citizen card, as well as the revocation of digital certificates. 2-cancellation request can be made in person or by telephone, with any receiving service or support service to the citizen, as well as by electronic means, in accordance with the regulations by order of the Member responsible for the area of Justice. 3-In case of doubt about the identity of the applicant, the request for cancellation may be refused or granted after provision of supplementary proof. 4-without prejudice to the possibility of revocation, the associated authentication mechanisms 20 citizen card and digital certificates are automatically cancelled at the end of the period of validity of the card. 5-the citizen card, digital certificates and authentication mechanisms associated with the citizen card are cancelled in the event of loss of nationality and of the death of the holder. 6-If the holder is a minor, prohibited or disqualified for psychic anomaly the period referred to in paragraph 1 is counted from the date on which the person exercising parental authority, guardianship or custodianship had knowledge of the loss, destruction, theft or robbery.
Article 34 1-Fees for the issue or replacement of the citizen card and for conducting external service are payable amount fixed rates by order of the Member of Government responsible for the area of Justice, which constitute DGRN recipe. 2-the reduction or exemption of fees provided for in the preceding paragraph are also defined by order of the Member of Government responsible for the area of Justice.
CHAPTER III protection of personal data article 35 Objectives the treatment of personal data files to perform by virtue of this law is to establish the integrity, truthfulness and safe operation of the citizen's card, while authentic document of identification of the holder, with the features and functions set out in articles 2, 4 and 6 21 Article 36 1-data are subject to collection and processing the holder's identification elements referred to in articles 7 , 8 and 29 2-treat holder identification elements occurs associated with the following operations: the citizen card) reception, education and implementation of applications for the issue, updating and replacement; b) reception and execution of requests for cancellation; c) citizen card customization; d) Generation and sending of activation codes and use the citizen card holder, as well as the codes for the digital certificates; e) Delivery, citizen card holder or who represents; f) Accreditation and identity authentication of citizens for the purposes of electronic communication; g) execution of requests and activation of revocation of digital certificates; h) communication, the competent police authorities, number of document citizen card canceled by loss, theft or robbery.
Article 37 data Communication 1-the execution of requests referred to in point (a)) of paragraph 2 of the previous article involves successive calls, separately, with each of the databases that allow the confirmation or the generation of civil identification number, tax identification number, the number of users of health services and Social security identification number to include these numbers subsequently on citizen card customization. 2-in the course of the links referred to in the preceding paragraph, each database are sent only the identification elements whose treatment is authorized to the 22 responsible for this same basis, pursuant to law No. 67/98 of 26 October. 3-the links referred to in paragraph 1 shall not include, in any case, the document number of the citizen card. 4-beyond its treatment in Customizing the citizen card, the files with the facial image, signature, time and prints are communicated only to the civil identification. 5-the files with the data referred to in article 29 are communicated only to identification databases in the health services.
Article 38 responsible 1-the DGRN is the entity responsible, under the terms and for the purposes set out in law No. 67/98 of 26 October, for the treatment and protection of personal data in the operations referred to in articles 36 and 37. 2-DGRN shall implement the appropriate technical and organisational measures to satisfy the requirements laid down in articles 10, 11, 14 and 15 of law No. 67/98 of 26 October. 3-acts on behalf of the responsible entity ' means any natural or legal person, Department or body to whom is entrusted, pursuant to the law No. 67/98 of 26 October, operations related to the citizen's card, including the issuance of qualified certificates and the citizen card customization, fulfilling the legal requirements and regulations required by the electronic certification system of the State provided for in Decree-Law No. 116-A/2006, of June 16. 4-the National Commission of Data Protection must be informed of the identity of the natural persons who meet the conditions referred to in the preceding paragraph.
Article 39 information, Rights of access and rectification 1-the citizen card holder has the right to, at any time, check the data entered therein and personal 23 meet the content of the information concerning personal data included in the machine-readable zone or integrated circuit, as well as the files produced during the operations referred to in articles 36 and 37 which have not yet been destroyed. 2-the citizen card holder has, from the moment of submission of the application, the right to require the correction of any inaccuracies, the removal of unduly collected or wrongly reported data and the integration of omissions, under the conditions laid down in article 11 of law No. 67/98 of 26 October.
Article 40 1 Secrecy-communication or revelation of personal data processed in the citizen card systems can only be carried out pursuant to the present law. 2-Are bound to professional secrecy, in accordance with article 17 of law No. 67/98 of 26 October, people who have knowledge, in the performance of their duties, of personal data contained in the file systems of the citizen card.
Article 41 1 conservation and destruction-the files produced during the operations referred to in articles 36 and 37 and containing personal data may only be stored for the period of time required for the citizen card customization, being destroyed immediately after confirmation of its delivery to the holder. 2-customization operations of the citizen card is produced a file with the document number of the citizen's card and the name of the holder which is destroyed after the expiry of the period of validity of a citizen.
24 Article 42 security guarantees
1-Must be put in place the necessary security guarantees to prevent the query, modifying, deleting, adding, the destruction or data communication for unapproved manner in this Act. 2-is guaranteed, with a view to control the security of information: the data holders) and their transport to prevent may be read, copied, modified or deleted by anyone or by unauthorized way; b insert the data) in order to prevent the introduction, as well as any knowledge, alteration or unauthorized disposal of personal data; c) Of automated data processing systems, to prevent use by unauthorised persons by means of data transmission facilities, d) of the access to the data, so that the authorized persons may have access to the data of interest to the performance of their legal duties; and data transmission), to ensure that their use is limited to authorized entities; f) the introduction of personal data in the automated processing systems, in order to verify that data was introduced, when and by whom.
CHAPTER IV Federal penalty Provisions section I administrative offences article 43 25 Violation of duties 1-retention or the conservation of citizen card in violation of the provisions of paragraph 1 of article 5 constitutes a misdemeanour punishable by a fine of € 250 to € 750. 2-non-compliance with the provisions of paragraph 3 of article 5 within 5 days from the date on which it was found the alien resident card constitutes a misdemeanour punishable by a fine of € 50 to € 100. 3-non-compliance with the provisions of paragraph 3 of article 13 within 30 days from the date on which the change of address constitutes a misdemeanour punishable by a fine of € 50 to € 100. 4-failure to comply with the provisions of paragraph 1 of article 33 constitutes a misdemeanour punishable by a fine of € 100 to € 500.
Article 44. º fulfilment of omitted obligations 1-where the alleged infringement resulting from the omission of a duty, the application of the penalty and the payment of the fine does not exempt the offender from compliance with, if this is still possible. 2-In case of spontaneous fulfilment of omitted obligations in time prior to institution of the proceedings of an administrative offence, the minimum limit of the fine provided for in the corresponding legal type is specially mitigated.
Article 45 1-attempt to neglect and reckless endangerment is punishable in the contravention referred to in article 43 2-the attempt is punished in a misdemeanour provided for in paragraph 1 of article 43-3 in cases of negligence and attempt referred to in the above paragraphs, the minimum and maximum limits of the fines provided for in the corresponding legal type are reduced to 26 half.
Article 46 Competence the competence for the introduction and instruction of a misdemeanour provided for in article 43 is the DGRN and the duties and responsibilities of the Director-General and notary fees, or whom he delegate, the decision on the implementation of the respective fines.
Article 47 police and supervisory agents 1-any authority or officer of the authority who has news, by denunciation or self-knowledge, in the exercise of its supervisory functions, of facts which could give rise to liability for a misdemeanour provided for in paragraphs 1, 2 and 3 of article 43, raises or send up auto news. 2-the auto news referred to in paragraph 1 shall state the facts that indicate the practice of the day, the place and the circumstances in which they were committed, the name and the quality of the authority or police officer who has heard of the facts, the identification of the person who performed the facts and, in the case of a misdemeanour provided for in paragraph 1 or in paragraph 2 of article 43 , at least one witness who can testify about the facts. 3-3-auto news referred to in paragraph 1 is signed by the authority or the authority agent raised or sent up and, when possible, by the witness.
Article 48 fines product Product of the fines referred to in article 44 shall accrue: the 60% rule); b) 40% to the DGRN or, if the proceeding was initiated as a result of support from the 27 auto news referred to in the previous article, 20% to 20% for DGRN and autuante authority.
Article 49 subsidiary legislation the offences provided for in this section is applicable in the general scheme of the contravention.
SECTION II article 50 Crimes Violation of rules relating to the protection of personal data 1-violation of rules on computerised files produced during the operations referred to in articles 37 and 38 is punished under articles 37, 38 and 44 et seq. of law No. 67/98 of 26 October. 2-those who do not comply with the obligations relating to data protection laid down in article 43 of law No. 67/98 of 26 October, is punished under there.
Article 51 collection and fraudulent use of false indication of document that legally relevant to the record of the citizen card, citizen card counterfeiting and the use of fake citizen card, as well as damaging, subtraction and the use of foreign citizen card are conduct punished in accordance with articles 256 et seq. of the Penal Code.
28 Article 52. º cybercrime illegitimate access, illegitimate interception, sabotage, the harmful interference in the data, in programs or integrated circuit systems embedded in the citizen's card, as well as the use of the said integrated circuit with falsehood Informatica conduct punished in accordance with law No 109/91, of 17 August.
Chapter V transitional and final provisions section I award of the citizen card article 53 1-progressive Expansion the generalized assignment process of citizen's card is implemented over a multi-year cycle, through the progressive expansion of reception services to the entire national territory and to the communities of Portuguese citizens living abroad. 2-While it is not the full national territory coverage by the network of reception services referred to in the preceding paragraph, the provisions laid down in this section.
Article 54 installation of citizen card services 1-the rules governing the location and installation conditions of the reception services are defined by order of the members of the Government responsible for the areas of administrative modernization, Foreign Affairs, finance, justice, Social solidarity and health. 29 2-the Ordinance referred to in the preceding paragraph may establish territorial jurisdiction criteria of reception services, reserve issuing citizen card to residents in certain areas and establish priorities, with a view to enhancing the certainty and safety of the system for the identification and the proper functioning of the services.
Article 55 valid identification cards 1-identity cards, greeting cards, business cards contributor user of health services and Social security identification cards valid continue to produce their effects, under the conditions laid down in the legislation governing the issue and use, while has not been delivered to their citizen card holders. 2-in the areas of the country that do not have, yet, of reception services for the citizen's card, the competent departments continue to ensure transactions relating to the attribution of the documents referred to in the preceding paragraph. 3 us posts and consular sections that do not have, yet, of reception services for the citizen's card, the relevant departments will continue to ensure, in accordance with the law, the issuance, renewal and updating of the identity card. 4-the period of validity of the identity card issued, renewed or updated, after the entry into force of this law, is ten years.
Article 56 Obtaining citizen card 1-in the areas of the country where there are reception services installed and running under the Ordinance referred to in paragraph 1 of article 54, the citizen card application is required in the following situations: a) when the person concerned asking for the issuance, renewal or amendment of data of ID; b) When the person requesting the issuance or amendment of 30 taxpayer card data, user card of health services or Social security identification card. 2-the citizen's card, all produce the effects provided for in articles 2, 4 and 6 of this Act and replaces the identity card, taxpayer's card, the card user of health services and the Social security identification card. 3-the citizen's card includes the same identification numbers that have been previously assigned to the proprietor by civil ID, tax ID, Social security or health.
Article 57 Residents abroad In posts and consular sections which have been receiving services pursuant to the Ordinance referred to in paragraph 1 of article 54, any request for issuance, renewal or amendment of identity data is immediately convolado on request for issuance of citizen card, followed by the terms set forth in this Act.
SECTION II First citizen card application article 58 composition of name of holder 1-If the birth seat bear only the name of the holder, in the citizen's card shall also be inscribed the nicknames that the holder has used in acts or official documents. 2-the name of the woman married before 1 January 1959 can be added the nicknames of the husband she used. 3-If the seat of birth appear on a string with two or more names, the registrant must complete civilians choose which of the names is registered full civil, as referred to in article 9, in the citizen card. 31 4-composition choices of name pursuant to the preceding paragraphs shall be promptly notified, by the service of reception, the entity responsible for the management of the database of civil identification to implementation of relevant updates.
Article 59 1 membership composition-If birth seat the record ID of parent with a sequence of two or more names, civil registration should be selected on the citizen card only the full name corresponding to the choice that the parent has carried out under the conditions laid down in paragraphs 3 and 4 of the preceding article. 2-it is not possible to apply the criteria laid down in the preceding paragraph, should be selected for inscription on the citizen card only the full name appearing first in that string.
Article 60 spelling error in Detecting birth seat-if spelling error noted in the seat of birth, should be immediately promoted the rectification of birth and unofficial seat should be taken ensure that the inscription on the citizen card is made without the error.
Article 61 questions on nationality when they give rise to doubts about the nationality of the applicant, the citizen card is issued with an expiration date of one year and does not contain any reference to the element concerning the nationality and should be made the inscriptions provided for in paragraph 2 of article 7 and paragraphs 1 and 2 of article 15 article 62 32 Cards replaced 1-in the Act of delivery of the first citizen's card , the holder shall submit the reception service, if possible, the identity card and the cards with the tax identification number, number of users of health services and identification number before Social Security. 2-the identity card and the cards referred to in the preceding paragraph are returned to the proprietor, to this request, after they have been processed to eliminate the risk of use contrary to law.
Article 63 1-Rules are defined by order of the members of the Government responsible for the areas of administrative modernization, internal affairs and justice, the following aspects: a) The official and exclusive models of citizen card for nationals and to the beneficiaries of the statute referred to in paragraph 2 of article 3; b) physical security elements that make up the citizen's card; c) The technical and safety requirements to be observed in facial image capture and prints referred to in paragraph 2 of article 25-2 are defined by order of the Member of Government responsible for the area of justice the period of validity referred to in article 19, the system electronically cancellation referred to in article 33 and the amounts of the fees provided for in article 34 3-are set by order of the members of the Government responsible for the areas of Administrative modernization, Foreign Affairs, finance, justice, Social solidarity and Health aspects of reception services installation of citizen card referred to in article 54 33 Seen and approved by the Council of Ministers of 7 September 2006 Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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