Key Benefits:
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PROPOSED LAW NO. 94 /X
Exhibition of Motives
1. This proposed law aims to create the citizen card and establish the regime of its
emission and use.
With the creation of this new card, the Government intends first to strengthen the
safety standards of civil identification and, simultaneously, to introduce in the
Public administration and in society in general an important tool for its
modernization.
Designed in this proposed law as a true certificate of citizenship, the card
of citizen thus takes the form of a physical document, which identifies visual and
presentially the citizen, in a safe manner, but also that of a digital document,
which allows the citizen to identify and authenticate themselves electronically in the acts in which
intervenes.
2. Reforce the security of citizen identification by harmonizing the system of
identification of national citizens with the requirements of the European Union constitutes a
of the central objectives of the creation of the citizen card. In effect, it is known that the
current identity card model deposed with growing difficulties for
respond satisfactorily to the international standards of quality and safety of the
identity and travel documents, not least the new requirements for protection
against fraud.
In this way, and signing up to the policy of strengthening security already realized in the
regime of the new electronic passport model, recently approved through the
Decree-Law No. 138/2006, of July 26, the citizen card shall incorporate a
integrated circuit ( chip ) and the personalization process uses advanced devices,
particularly for secure insertion of the data in the integrated circuit, guaranteeing you
so a high level of integrity, authenticity and confidentiality.
In the definition of the security highs, the present proposal already incorporates the willing
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by Regulation (EC) No 2252/2004 of the Council of December 13 ( Official Journal ,
n L 385, of December 29, 2004). The details of the technical specifications are
remitted to portaries to more easily be able to keep up with the eventual evolution
of the international technical guidelines.
3. In this challenge of the creation and issuance of a new secure identification instrument, the
XVII Constitutional Government sees also an opportunity to offer each
citizen the keys of entry into the universe of electronic documents. In this way,
each citizen card includes the option of being associated with an electronic signature
qualified. If that is your will, the holder can therefore use his / her card to
sign and authenticate your documents that it sends by electronic means. Afterwards,
with the generalization of the harnessing of this opportunity, citizens will also have
at your fingertips a tool to quickly confer authorship and the integrity of the
documents that are sent to you, by electronic means, by other citizens.
Constraining the provision of the qualified electronic signature functionality in a
document that is of widespread use and is as per the most demanding parameters of
safe identification, as is the case with the citizen card, the present proposed law
concretes thus a strategic choice of the greatest meaning for the dissemination of the
information and communication technologies (ICT), for the increment of the activities of
innovation and knowledge and, as it is general disgust, for the approach to the border
technological of the most advanced societies.
4. On the other hand, the draft of the citizen card was designed to constitute a vehicle
of debureaucratization and administrative modernization. Are overly known the
diagnostics that denounce and criticise the bureaucratic practices of public administration
and the livelihood of a culture of distrust of the citizen. Pass from excellent
diagnostics for concrete actions of administrative simplification that make life easier
to citizens constitutes a permanent orientation of the XVII Constitutional Government. The
present proposal of law provides as soon as they are printed on the same support
documentary, the main contact numbers of the citizen with the Administration
Public: the civilian identification number, the tax identification number, the number of
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utterance of health services and the number of Social Security identification. Constitutes,
so, in addition to the more, a measure of financial rationalization in respect of
identification documents before the Public Administration, to the extent that the new
card plays the functionality of four. In the framework of the reform of the standards that
govern the drafting of the electoral roll, is considered the elimination of the card of
voter passing to be used only the citizen card.
Based on the use of modern information technologies, also the procedures
provided for the issuance, renewal and delivery of the citizen card reconciling the
advantages of the decentralized existence of reception services with the disneed
of printouts and the reduction to the indispensable minimum of paper brackets, which
practically only are used for the sending of the secret card activation codes
or in the issuance, by way of exception, of provisional identification document.
5. The respect of the protection discipline of personal data, it must be mentioned that the
reception services proceed to successive connections, separately, with each of the
databases that maintain their autonomy. These links allow, in a first
moment, confirm the identity of the applicant, and then enable the
confirmation or the generation of the identification numbers that are included in the card of
citizen. The destination of the personal data collected with the instruction of the request is
legally fixed: in addition to the respective printing or insertion on the card itself
citizen, the files with the facial image, autographed signature, height and prints
digital are communicated only to the database relating to civil identification. In what
touches on the use of the functionalities of the card, the rule is that of the exclusive control of the
own citizen card holder on access to the information stored in the circuit
integrated ( chip ) and relative to its identification elements. They are foreseen
reasonable exceptions, from consultation of the information on the abode and comparison of the
fingerprints. As for the abode, it is recalled that the police officials are
legally obliged, in the exercise of their supervisory functions, particularly in the
road offences committed by pedestrians or by transported individuals, to instruct the
autos with the abode of the agent of the offence.
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6. Finally, it is to refer to the flexible discipline outlined for the transitional period. The
replacement of the identity card of all citizens shall not take place in
concurrent, since soon by the inconvenience this solution would cause to the citizens but
also at the unaffordable risk of disturbance of the security system of the whole
card issuance and personalization circuit. Know-yourself, by the knowledge of others
card migration experiences, which in these replacement processes arise
always circumstances and difficulties, foreseen or unforeseen, and therefore it is recommended
maintain some prudence in setting quantitative replacement targets and is
indispensable to periodically draw up and review plans for prevention and plans of
contingency.
By the exposed, the objective of a progressive coverage of the territory is devotes
national and does not impose itself on the citizen any exceptional duty of replacement:
awaits for the existence of a contact related to the identity card or
with some of the remaining cards to, only then, trigger the process of issuing the
Citizen card. And the creation, by portaria, of a legal framework is expected
regulatory that allows for an evolutionary follow-up of the processes in the period
transitional replacement of the identity card by the citizen card.
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:
CHAPTER I
Citizen Card
SECTION I
General provisions
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Article 1.
Subject
This Law creates the citizen card and shall govern its issuance, replacement, use and
cancellation.
Article 2.
Definition
The citizen card is an authentic document that contains the data of each citizen
relevant to your identification and includes the civilian identification number, the number of
tax identification, the number of utent of health services and the number of identification
of Social Security.
Article 3.
Holders
1-A obtaining the citizen card is mandatory for all national citizens,
residents in Portugal or abroad, from the age of six or as soon as the
your presentation is required for the relationship with some public service.
2-A obtaining the citizen card is optional for the Brazilian citizens to whom, in the
terms of the Decree-Law No. 154/2003 of July 15 has been granted the status
general of equal 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 Safe, on April 22, 2000, approved by the Assembly Resolution of the
Republic No 83/2000 and ratified by the Decree of the President of the Republic No 79/2000,
of December 14.
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Article 4.
Effectiveness
The citizen card constitutes title rather to prove the identity of the holder in the face of
any authorities and public or private entities, being valid throughout the territory
national, without prejudice to the extraterritorial effectiveness recognized by Community standards, by
international conventions and by standards emanating from the competent bodies of the
international organizations that Portugal is a party to, when this is established
in the respective constitutive treaties.
Article 5.
Prohibition of retention
1-A identity conference that is required to be required by any public entity or
private does not allow for the retention or conservation of the citizen card, save in cases
expressly provided for in the law or by decision of judicial authority.
2-It is also interspoken to the reproduction of the citizen card, in photocopying or any
other means, without consent of the holder, save in the cases expressly provided for in the law
or by decision of judicial authority.
3-A person who will find card of a citizen who does not belong to him or the entity to whom the
card for delivery must immediately withhold it to any reception service or the
police authority.
SECTION II
Description of the citizen card
Article 6.
Structure and functionalities
1-The citizen card is a multiple identification document that includes a zone
specific intended for optical reading and incorporates an integrated circuit.
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2-The citizen card allows the respective holder:
a) Prove your identity before third parties by reading the visible elements,
co-adjured by the optical reading of a specific area;
b) Prove your identity to third parties by means of electronic authentication;
c) Authenticate in a univocal way, by means of a qualified electronic signature, the
its quality as the author of an electronic document.
Article 7.
Visible elements
1-The citizen card contains the following visible elements, of identification of your
holder:
a) Nicknames;
b) Name (s) of its own;
c) Membership;
d) Nationality;
e) Date of birth;
f) Sex;
g) Height;
h) Facial image;
i) Signature;
j) Civilian identification number;
l) Tax identification number;
m) Number of utent of health services;
n) Social Security identification number.
2-In the absence of information on some element referred to in the preceding paragraph, the card
of a citizen contains, in the area intended for that element, the inscription of the letter "X" or of
another mention provided for in the law.
3-In addition to the identification elements of the holder referred to in paragraph 1, the card of
citizen contains the following mentions:
a) Portuguese Republic, as an issuing State;
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b) Type of document;
c) Number of the document;
d) Date of validity;
e) Version number of the citizen card;
f) Safe Port Treaty of April 22, 2000, if it is issued on the terms
provided for in Article 3 (2)
4-A specific zone intended for optical reading of the citizen card contains the following
elements and mentions:
a) Nicknames;
b) Name (s) of the holder himself;
c) Nationality;
d) Date of birth;
e) Sex;
f) Portuguese Republic, as an issuing State;
g) Type of document;
h) Number of document;
i) Date of validity.
Article 8.
Information contained in the integrated circuit
1-The citizen card incorporates an integrated circuit where they are inserted, under conditions
that guarantee high levels of safety, the following identification elements of the
holder:
a) Those referred to in paragraph 1 of the preceding Article, with the exception of point ( i) ;
b) Morada;
c) Date of issue;
d) Date of validity;
e) Fingerprints;
f) Field reserved for eventual indications, typified in law.
2-In addition to the elements referred to in the preceding paragraph, the integrated circuit contains:
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a) Certificate for secure authentication;
b) Qualified certificate for qualified electronic signature;
c) Informatics applications required for the performance of card functionalities
of citizen and to their management and security.
3-By the will of the holder of the citizen card, the integrated circuit may contain a zone
intended to archive personal information.
Article 9.
Nicknames and proper name (s)
The appellates and the name (s) of the holder themselves are entered in the citizen card of
harmony with the grammatical vocables that are listed in the respective seat of birth.
Article 10.
Membership
1-A The holder's membership is inscribed on the citizen's card of harmony with what the record of the
seat of birth.
2-In the visible elements of the citizen card they cannot be enrolled more than four
nicknames of the progenitors, starting from the last nickname, unless the holder chooses
another order or declare to accept the use of initials.
Article 11.
Sex
The indication of the sex is entered in the citizen card by the initials "M" or "F" depending on the
holder is of the male or female sex.
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Article 12.
Signature
1-By-signature means, for the purposes of this Law, the digitized reproduction of the
civil name, written by the respective holder, complete or abbreviated, in a manner
customary and characteristic and with freedom of spelling.
2-A signature may not contain drawings or graphic elements.
3-If the applicant cannot or does not know how to sign it, mention should be made of that fact in the
Citizen card area intended for digitised reproduction of the signature and in the field
reserved for any possible indications.
Article 13.
Morada
1-A address is the physical postal address, freely indicated by the citizen, corresponding
to the place of residence where you can be regularly contacted.
2-For communication with the services of the State and the public administration,
particularly with civil identification services, tax services, services of
health and the services of Social Security, the citizen has been domiciled, for all
the legal effects, at the place referred to in the preceding paragraph, without prejudice to being able to designate
other addresses, physical or electronic, for professional or conventional purposes in the
terms set out in the law.
3-The holder of the citizen card shall communicate new postal address and promote, together
of reception services, the update of the abode on the citizen card, as soon as it leaves
it will be possible to have your regular contact at the place previously indicated.
4-Carece of authorization of the holder, to be carried out upon prior insertion of the personal code
(PIN), access to information on the abode filed on the integrated circuit of the card
of a citizen, without prejudice to the direct access of the judicial authorities and entities
police officers for conference of the identity of the citizen, in the exercise of competences
provided for in the law.
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Article 14.
Fingerprints
1-The fingerprints to be collected are those of the two indicator fingers or other fingers,
if this is not possible.
2-When digital fingerprints taken are not those of the indicators, it should mention-
if, in the field reserved for eventual indications, the finger and hand to which they correspond.
3-In the impossibility of harvesting any fingerprint must make mention of the fact
in the field of the citizen card reserved for any possible indications.
4-A The verification of the fingerprints is one of the functionalities of the integrated circuit and
the respective reproduction is not allowed.
5-For the purposes of conference of the identity of the citizen, the judicial authorities and the
police entities have access to the functionality of the fingerprints, exclusively
for the exercise of the legal powers that are assigned to them.
Article 15.
Possible indications
1-The content of the mentions made in the field reserved for any indication shall
to respect the principles of equality and proportionality and to be only necessary and
suitable to indicate any specialty or absence of information in respect of
any of the identification elements referred to in Articles 7 and 8.
2-The mentions are entered in accordance with the technical rules of issuance of the
travel documents and, if they are related to any element referred to in the para.
4 of Article 7, they are also listed in the area intended for optical reading.
Article 16.
Identification numbers
1-The citizen card implies the assignment of the civil identification number, the number of
tax identification, the number of the utterance of health services and the number of
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identification of Social Security, to which it is carried out from information obtained and
confirmed, separately, in each of the databases, managed with autonomy
by the competent entities, pursuant to the law.
2-No interconnection or interconnection of data recorded at the said bases is permitted
in the preceding paragraph, save in cases duly authorized by law or by the Commission
National Data Protection.
Article 17.
Document number and version number of the citizen card
1-A each citizen card is assigned a document number, consisting of three
characters, being two alphanumeric and one digit of control, anteceded by the number
of civil identification of the respective holder.
2-The document number constitutes an element of security that can only be
used to scrutinize and prevent the use of citizen cards cancelled by loss,
theft or theft.
3-A each version or series of the citizen card 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 certificate
qualified for qualified electronic signature required for your use
electronics.
2-The certificate of authentication is always activated at the time of delivery of the card of
citizen.
3-The qualified certificate for qualified electronic signature is of activation
optional, but it can only be activated and used by citizen with equal or higher age
to sixteen years.
4-Of every time you intend to use any of the communication functionalities
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electronic activated on the citizen card, the respective holder has to enter
beforehand your personal code ( PIN ) in the pertinent reading device.
5-Certificates are revocable at all time and, after revocation, the issuance of new
certificates associated with the citizen card is only possible with the respective replacement.
6-To the certificate for authentication and the qualified certificate for electronic signature
qualified shall apply the provisions of the Decree-Law No 290-D/99 of August 2,
republished by Decree-Law No. 62/2003, of April 3 and amended by the Decrees-Law
n. ºs 165/2004, July 6 and 116-A/2006, of June 16, being those certified
subject to the legal and regulatory rules regarding the Certification System
Electronics of the State.
Article 19.
Period of validity
1-The general term of validity of the citizen card is fixed by porterie of the member of the
Government responsible for the Justice sector.
2-The citizen card is valid until the date indicated therein, fixed in accordance with the portaria
referred to in the previous number.
CHAPTER II
Rules of competence and procedure
SECTION I
Competencies
Article 20.
Citizen card services
1-Compete to the Directorate-General for Registries and Notariat (DGRN):
a) Conduct the operations concerning the issuance, replacement and cancellation of the card
of citizen;
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b) Ensure that operations regarding the personalization of the citizen card are
performed in observance of the applicable technical and safety requirements;
c) Define the control and safety procedures in relation to accreditation
of the officials and agents;
d) Ensure that certificates for authentication and certificates are issued
qualified for qualified electronic signature with respect to the rules of the
State Electronic Certification System;
2-They can function as receiving services of the applications for issuance, replacement and
cancellation of the citizen card:
a) The services responsible for civil identification;
b) The conservatory of the civil registry designated by dispatch of the Director-General of the
Records and the Notariat;
c) Other services of the Public Administration, namely the Citizen's Stores or
equivalent services, upon protocol concluded with the DGRN.
3-A DGRN ensures a mobile reception service that loves to the place where to
find the interested in the cases of justified difficulty of displacement of this to
fixed reception service.
4-The forms of operation of mobile reception services are set out in
articulation with the competent public entities for the implementation of the policies of
rehabilitation.
5-abroad function as the receiving services of the applications for issuance,
replacement and cancellation of the citizen card, the posts and consular sections
designated by dispatch of the Government member responsible for the Business area
Foreigners.
Article 21.
Citizen support service
1-A DGRN ensures the operation of a citizen support service that,
notably, makes available and disseminates information regarding the application and the process of
issuing of the citizen card, and to the conditions of the respective use, replacement and
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cancellation.
2-In the provision of the citizen support service is taken into account the inclusion of the
citizens with special needs in the information society.
Article 22.
Financial protocols
DGRN may conclude protocols with the other departments of Public Administration
involved in the issuance of the citizen card, to regulate the terms, the conditions of
cooperation and eventual countermatches.
Article 23.
Supervision
It is incumbent on the Agency for Administrative Modernization To ensure supervision of the
development of the citizen card and the promotion of services that may be
associates.
SECTION II
Procedure
Article 24.
Order
1-A issue of the citizen card, its replacement and the update of the abode are
required by the holder of the corresponding identification data, together with the services of
reception indicated in Article 20.
2-The applications for the non-emancipated minor, the interdict and the inability-abnormality
psychics are presented by whom, under the law, exercises parental power, guardian
or curatella, with the presence of the holder.
3-If not shown to be carried out the record of the sentence granting the powers invoked by
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who exercises parental power, tutelage or curate over interdict or about inability-
by psychic anomaly, the representative himself or assistant must display documents
proof of this quality.
Article 25.
Elements accompanying the application
1-The application is instructed with the following identification elements of the respective holder:
a) Facial image;
b) Fingerprints;
c) Signature;
d) Height.
2-In the caption of the facial image and the fingerprint of the application holder must be
observed the technical and safety requirements set by porterie of the members of the
Government responsible for the areas of Administrative Modernization and Justice.
3-A collection and verification of data relating to facial image, fingerprints, à
signature and height can only be made in the reception service and by employee or
agent duly accredited by DGRN or, in the case of the service of receipt
operate in rank or consular section, by employee or agent duly
accredited by the Directorate General for Consular Affairs and Communities
Portuguese.
Article 26.
Replacement of the citizen card
1-The request for the replacement of the citizen card is carried out together with any service of
reception, in the following cases and situations:
a) Course of the period of validity;
b) Poor state of conservation or operation;
c) Loss, destruction, theft or theft;
d) Issuance of new certificates on the grounds of revocation of previous certificates;
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e) Disupdating of identification elements.
2-In the case provided for in paragraph a) of the previous number, the request for replacement of the card of
citizen shall be carried out within the last six months of the respective term of
validity.
Article 27.
Verification of personal data
1-A verification of the fidedignity of the personal data of the person concerned and, being the case, the
conference of the identity of the applicant who exercises parental power, guardiology or
curate on the person concerned should be made in the reception service with the means
available, specifically:
a) By comparison of the constant data on identity card, citizen card
or valid passport, bulletin of birth or personal ballot;
b) By comparison of the fingerprints and facial image with the previously
collected for issuance of citizen card;
c) By real-time communication with the information bearer service.
2-When it is not possible to proceed to the substantiation of the personal data of the person concerned in the
terms of the point c) of the preceding paragraph, the applicant shall indicate elements that
allow to locate the seat of birth, namely, the place of birth, the
respective date and, if it is from their knowledge, the conservatory of the civil registry.
3-When to raise doubts about the accuracy or title of the elements of
identification, the reception service shall practice the necessary representations to the
voucher and may require the production of supplementary proof.
4-The services responsible for civil identification and too many services whose competence
releve for the effects set out in the previous figures should provide the cooperation
appropriate to the speedy realization of the necessary representations.
5-The verification operations of the fidedignity of the data can only be done by
employee or agent of the reception services, duly accredited.
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Article 28.
Confirmation of the data collected
The data collected to instruct the application for issue and replacement of the card of
citizen must be confirmed by the applicant.
Article 29.
Confirmation of elements relating to health services
1-In addition to the identification elements referred to in articles 7 and 8, they are still
collected, at the time of the application, the following data:
a) Indication of the health subsystem;
b) Number of beneficiary of the subsystem;
c) Period of validity of the inscription in the subsystem.
2-The data referred to in the preceding paragraph is only communicated to the databases of the
health services for the purpose of identification of the utent.
Article 30.
Choice of the place of delivery
The applicant indicates, at the time of the application, the reception service where he intends to proceed
to the lifting of the citizen card.
Article 31.
Delivery
1-The dispatch of the confirmation of the place of delivery of the citizen card as well as of the
activation codes, personal code (PIN) and personal code for unlocking
(PUK) is made for the abode of the holder indicated in accordance with Rule 13 (1).
2-The citizen card is delivered presentially to the holder or the third party that has been
previously indicated by the holder at the time of the application, as well as to the person who supre,
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in the terms of the law, the inability of the holder.
3-A The electronic activation of the citizen card, pursuant to Article 18 (2) and (3), is
always carried out by the receiving service and the respective holder or person who the
represents, in the act of delivery.
4-A The delivery of the citizen card can only be made by employee or agent duly
accredited by DGRN or, in the event that the reception service works in rank or
consular section, by employee or agent duly accredited by the Directorate-
General of Consular Affairs and the Portuguese Communities.
Article 32.
Complaints
1-The person concerned shall check and confirm, at the time of delivery of the citizen card,
that the constant data of the citizen card is correct.
2-The dewound of the complaint of the person concerned on the grounds of error of the services
issuers or manufacturing defect implies the free issuance of new citizen card.
Article 33.
Cancellation
1-The request for cancellation of the citizen card must be made within 10 days
after the knowledge of the loss, destruction, theft or theft and implies the cancellation of the
authentication mechanisms associated with the citizen card, as well as the revocation
of the digital certificates.
2-The request for cancellation can be made either presentially or by telephone, along with
any reception service or with the citizen support service, as well as by way of
electronics, pursuant to regulation by the holder 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 deinjured after provision of supplementary proof.
4-Without prejudice to the possibility of revocation, the associated authentication mechanisms
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to the citizen card and the digital certificates are officiously cancelled at the end of the
expiry date of the card.
5-The citizen card, digital certificates, and the associated authentication mechanisms
to the citizen card are cancelled in the cases of loss of nationality and death of the
holder.
6-If the holder is a minor, intersaid or disabled by the psychic anomaly the time limit referred to in the
n. 1 counts as of the date on which the person holding the parental power, guardian or
curatelle had knowledge of the loss, destruction, theft or theft.
Article 34.
Fees
1-By the issuance or replacement of the citizen card and by the realization of the external service
are due amount fees set by portaria of the responsible government member
by the area of Justice, which constitute revenue of DGRN.
2-The situations of reduction or exemption of the fees provided for in the preceding paragraph are,
also, defined by the porterie of the member of the Government responsible for the area of
Justice.
CHAPTER III
Protection of personal data
Article 35.
Purposes
The processing of files with personal data to be carried out by virtue of this Law has by
end to establish the integrity, veracity and safe operation of the citizen card,
as an authentic document of identification of the holder, with the characteristics and functions
set out in Articles 2, 4 and 6.
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Article 36.
Treatment of data
1-Are the object of collection and processing the identification elements of the holder referred to
in Articles 7, 8 and 29.
2-The treatment of identification elements of the holder occurs associated with the following
Citizen card operations:
a) Reception, instruction and implementation of applications for issuance, updating and
replacement;
b) Reception and implementation of applications for cancellation;
c) Personalization of the citizen card;
d) Generation and dispatch of the codes of activation and use of the citizen card to the
respective holder, as well as the codes relating to digital certificates;
e) Delivery of the citizen card to the respective holder or to whom it represents it;
f) Accreditation and authentication of citizen identity for communication purposes
electronics;
g) Implementation of applications for activation and revocation of digital certificates;
h) Communication, to the competent police authorities, of the document number of the
Citizen card cancelled for loss, theft or theft.
Article 37.
Communication of data
1-A implementation of the applications referred to in paragraph a) of paragraph 2 of the previous article involves
successive links, separately, with each of the databases enabling the
confirmation or the generation of the civilian identification number, of the identification number
tax, the number of the utterance of health services and the identification number of the
Social Security, to subsequently add these numbers to the personalization of the
Citizen card.
2-In the course of the links referred to in the preceding paragraph, each data base is sent
solely the identification elements whose treatment is authorized to the entity
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responsible for that same basis, pursuant to Law No. 67/98, of October 26.
3-The links referred to in paragraph 1 shall not, in any case, include the indication of the number
document of the citizen card document.
4-In addition to its treatment in the personalization operations of the citizen card, the
files with facial image, signature, height and fingerprints are communicated
solely to the base of civil identification data.
5-The files with the data referred to in Article 29 are communicated only to the bases of
identification data in the face of health services.
Article 38.
Responsible entity
1-A DGRN is the responsible entity, in the terms and for the purposes set out in Law n.
67/98, of October 26, by the processing and protection of personal data in the operations
referred to in Articles 36 and 37.
2-Compete to DGRN put in place the appropriate technical and organisational measures to
satisfaction of the requirements set out in Articles 10, 11, 14 and 15 of Law No 67/98,
of October 26.
3-Actua on account of the responsible entity, the natural or legal person, service or
body to whom they are entrusted, under the terms set out in Law No. 67/98, of 26 of
October, operations related to the citizen card, namely the issuance of
qualified certificates and the personalization of the citizen card, fulfilling the
legal and regulatory requirements required by the Electronic Certification System of the
State, provided for in the Decree-Law No. 116-A/2006 of June 16.
4-A The National Data Protection Commission should be informed of the identity of the
natural persons who find themselves in the conditions referred to in the preceding paragraph.
Article 39.
Rights of information, access and rectification
1-The holder of the citizen card has the right to, at all time, check the data
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personal in it inscribed and to know the contents of the information relating to personal data
that they build from the optical reading zone or the integrated circuit as well as the files
produced during the operations referred to in Articles 36 and 37 that do not yet have
been destroyed.
2-The holder of the citizen card has, since the time of the application, the
right to demand the correction of possible inaccuracies, deletion of data
unduly collected or improperly communicated and the integration of omissions,
on the terms set out in Article 11 of Law No 67/98 of October 26.
Article 40.
Secrecy
1-A communication or revelation of the personal data processed in the systems of the card of
citizen may only be carried out in the terms provided for in this Law.
2-Ficam obligated professional secrecy under Article 17 of Law No. 67/98 of 26
of October, the persons who have knowledge, in the performance of their duties, of
personal data constant from the files of the citizen card systems.
Article 41.
Conservation and destruction
1-The files produced during the operations referred to in articles 36 and 37 and which
contain personal data can only be retained for the required period of time
personalization of the citizen card, being destroyed immediately after the
confirmation of your delivery to the respective holder.
2-In the personalization operations of the citizen card is produced a file with the
document number of the citizen card and the name of the respective holder that is
destroyed after the course of the period of validity of the citizen card.
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Article 42.
Security guarantees
1-The necessary security guarantees must be put in place to prevent the
consultation, the modification, the deletion, the addition, destruction or communication of
data by form not consented to in this Law.
2-Control is guaranteed with a view to the security of information:
a) From the data supports and their transport, in order to prevent them from being able to
read, copied, altered or deleted by any person or by no means
authorized;
b) From the insertion of the data, in order to prevent the introduction, as well as any outlet
of knowledge, alteration or unauthorized disposal, of personal data;
c) From the automated treatment systems of the data, to prevent them from being able to be
used by unauthorised persons, through transmission facilities of
data,
d) From access to data, so that authorised persons can only have access to the
data that is of interest to the exercise of its legal assignments;
e) From the transmission of the data, to ensure that its use is limited to the
authorized entities;
f) From the introduction of personal data in the automated treatment systems, from
form to be checked that data has been introduced, when and by whom.
CHAPTER IV
Sanctionatory provisions
SECTION I
Counter-ordering
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Article 43.
Violation of duties
1-A retention or the conservation of citizen card alheio in violation of the provisions of the n.
1 of Article 5 constitutes counterordinance punishable with fine of € 250 a € 750.
2-The failure to comply with the provisions of Article 5 (3) within 5 days of the date
in which was found the citizen card alheio constitutes counterordinance punishable
with fine of € 50 a € 100.
3-The failure to comply with the provisions of Article 13 (3) within 30 days of the
date on which the abode alteration occurred constitutes counterordinance punishable with
coima from 50 a to € 100.
4-The failure to comply with the provisions of Article 33 (1) constitutes counterordinance
punishable with fine of € 100 a € 500.
Article 44.
Fulfillment of the omitted duty
1-Where the counterordinance results from the omission of a duty, the application of the penalty and
the payment of the fine does not waive the offender of his or her compliance, if this is still
possible.
2-In the event of spontaneous compliance with the duty omitted at the time prior to the
the initiation of the counterordinance process, the minimum limit of the fine imposed in the
corresponding legal type is especially attenuated.
Article 45.
Negligence and attempt
1-A negligent conduct is punished in the counter-ordinations provided for in Article 43.
2-A attempt is punished in the counter-ordinance provided for in Article 43 (1).
3-In the cases of negligence and attempt referred to in the preceding paragraphs, the limits
minimum and maximum fines of the fines provided in the corresponding legal type are reduced to
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half.
Article 46.
Competence
The competence for the initiation and instruction of the planned counter-ordering processes
in Article 43 is of the DGRN and it is incumbent upon the Director-General of the Registries and Notariat, or the
who he delegates, the decision on the application of the respective fines.
Article 47.
Police authorities and supervisory officers
1-Any authority or agent of authority that has news, by complaint or
knowledge of its own, in the exercise of its functions of surveillance, of facts
likely to involve liability for counter-ordinance provided for in paragraphs 1, 2 and 3
of Article 43, it raises or sends you to raise news self-news.
2-The news self provided for in the preceding paragraph shall mention the facts that indict the
practice of the offence, the day, the place and the circumstances in which they were practiced, the name and
the quality of the authority or agent of the authority that had news of the facts, the
identification of the person who practiced the facts and, dealing with counterordinance
provided for in paragraph 1 or in Article 43 (2) of at least one witness who may
depose about the facts.
3-3-The news self provided for in paragraph 1 shall be signed by the authority or agent of authority
that raised him or sent him up and, when it is possible, by the witness.
Article 48.
Product of the fines
Of the product of the fines referred to in Article 44, they shall revert:
a) 60% for the State;
b) 40% for the DGRN or, if the process was started in the participation sequence of the
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auto news outlet referred to in the previous article, 20% for the DGRN and 20% for the
autuent authority.
Article 49.
Subsidiary legislation
The offences set out in this section shall be subsidally applicable to the general scheme of the
counterordinations.
SECTION II
Crimes
Article 50.
Violation of standards relating to the protection of personal data
1-A violation of standards relating to computerized files produced during the
operations referred to in Articles 37 and 38 is punished pursuant to Articles 37, 38 and
44. and following of Law No. 67/98 of October 26.
2-Who fails to comply with the obligations relating to the data protection provided for in Article 43.
of Law No. 67/98 of October 26 is punished in the terms laid down therein.
Article 51.
Obtaining and fraudulent document use
The false indication of fact legally relevant for the record of the citizen card, the
falsification of the citizen card and the use of counterfeit citizen card, as well as the
damage, subtraction and the use of an alheio citizen card are conduits punished in the
terms of the articles 256 and following of the Criminal Code.
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Article 52.
Computer crime
The illegitimate access, the illegitimate interception, the sabotage, the damaging interference in the data,
in the programs or systems of the integrated circuit embedded in the citizen card, well
how the use of the said integrated circuit with computer falsity are conduits
punishable under the terms of Law No. 109/91 of August 17.
CHAPTER V
Transitional and final provisions
SECTION I
Assignment of the citizen card
Article 53.
Progressive expansion
1-The widespread attribution process of the citizen card is realized in the course of
a multiannual cycle, through the progressive expansion of reception services to the whole
national territory and the communities of Portuguese citizens residing abroad.
2-As long as no full coverage of the national territory is realized by the network of
reception services referred to in the preceding paragraph, the provisions shall apply
set out in this section.
Article 54.
Installation of the services of the citizen card
1-The standards that regulate the location and conditions of installation of the services of
reception are set by porterie of the Government members responsible for the areas
of Administrative Modernization, Foreign Affairs, Finance, Justice,
of Social Solidarity and Health.
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2-A would be provided for in the preceding paragraph may lay down criteria of competence
territorial of the reception services, reserve the issuance of citizen card to the
residents in determined territorial areas and enshrine fulfilling priorities,
with a view to strengthening the certainty and security of the identification system and the good
operation of the services.
Article 55.
Valid identification cards
1-The identity cards, taxpayer cards, utterance cards of the services of
health and valid Social Security ID cards continue to produce the
its effects, in the terms provided for in the legal diplomas regulating its issuance and
use, while it has not been delivered a citizen card to the respective holders.
2-In the areas of the national territory that do not have, yet, reception services for
issuing of the citizen card, the relevant departments continue to ensure the
transactions relating to the allocation of the documents referred to in the preceding paragraph.
3-In the posts and consular sections that do not have, yet, reception services for
issuing of the citizen card, the relevant departments continue to ensure, in the
terms of the law, the issuance, renewal and updating of the identity card.
4-The maximum period of validity of identity card issued, renewed or updated,
after the entry into force of this Law, is ten years.
Article 56.
Obtaining the citizen card
1-In the areas of the national territory where there are reception services installed and in
operating, in the terms of the porterium provided for in Article 54 (1), the application for a card
of citizen is mandatory in the following situations:
a) When the person concerned asks for the issuance, renewal or alteration of ticket data
of identity;
b) When the person concerned asks for the issuance or alteration of data from the card of
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taxpayer, from the utterance card of the health services or the card of
identification of Social Security.
2-The citizen card produces, immediately, all the effects provided for in Articles 2, 4 and
6. of this Law and replaces the identity card, the taxpayer's card, the card of
utterance of health services and the Social Security ID card.
3-The citizen card includes the same identification numbers that have already been
previously assigned to the respective holder by the civil identification services,
tax identification, health, or Social Security.
Article 57.
Residents abroad
At the posts and consular sections that have reception services, under the terms of
would porterie provided for in Article 54 (1), any application for issuance, renewal or
change of identity card data is immediately convolted in request of
issuance of citizen card, following the terms set out in this Law.
SECTION II
First request for a citizen card
Article 58.
Composition of the name of the holder
1-If of the birth seat appears only the holder's own name, on the card of
citizen must also be enrolled with the appellates that the holder has used in acts or
official documents.
2-In the name of the married woman before January 1, 1959 can add the
nicknames of the husband by her used.
3-If the birth seat appears a sequence with two or more civil names
complete, the holder must choose which of the full civil names is inscribed, in the terms
provided for in Article 9, on the citizen card.
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4-The composition choices of the name made in the terms of the previous figures
shall be promptly communicated, by the receiving department, to the responsible entity
by the management of the civil identification database for implementation of the relevant
updates.
Article 59.
Composition of the membership
1-If of the birth seat on the identification of progenitor with a sequence of
two or more full civil names, must be selected for enrolment on the card of
citizen only the full name corresponding to the choice that the progenitor has
carried out in the terms provided for in paragraphs 3 and 4 of the preceding Article.
2-Not being possible to apply the criterion set out in the preceding paragraph, shall be selected
for enrollment on the citizen card only the full name that figure in first
place in that sequence.
Article 60.
Orthographic error in the birth seat
Detecting notorious orthogical error in the birth seat, should be immediately
promoted the officious rectification of the seat of birth and must be taken
arrangements for the enrollment on the citizen card to be made without the error.
Article 61.
Doubts about nationality
When questions are raised about the nationality of the applicant, the citizen card is
issued with a period of validity of one year and does not contain any reference on the
element relating to nationality, the inscriptions provided for in paragraph 2 of the
Article 7 and paragraphs 1 and 2 of Article 15 (15)
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Article 62.
Replaced cards
1-In the act of delivery of the first citizen card, the holder shall submit in the service of
reception, if possible, the identity card and the cards with the identification number
tax, number of utterances of health services and identification number before the
Social Security.
2-The identity card and the cards referred to in the preceding paragraph are returned to the
respective holder, the solicitation of this, after having been the subject of treatment that eliminates
the risk of use contrary to the law.
Article 63.
Regulation
1-Are defined by porterie of the members of the Government responsible for the areas of
Administrative Modernization, Internal Administration and Justice, the following aspects:
a) The official and exclusive models of the citizen card for national citizens and
for the beneficiaries of the status referred to in Article 3 (2);
b) The physical security elements that make up the citizen card;
c) The technical and safety requirements to be observed in the caption of the facial image and
of the fingerprints referred to in Article 25 (2).
2-Are defined by porterie of the member of the government responsible for the area of Justice the
period of validity referred to in Article 19, the system of cancellation by electronic means
provided for in Article 33 and the amount of fees provided for in Article 34.
3-Are defined by porterie of the members of the Government responsible for the areas of
Administrative Modernization, of Foreign Affairs, Finance, Justice, the
Social and Health Solidarity the aspects of the installation of the reception services of the
Citizen card referred to in Article 54 para.
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Seen and approved in Council of Ministers of September 7, 2006
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs