PROPOSED LAW NO. 84 /X

Exhibition of Motives

1. Through this proposed law, it is aimed at the Government to define, at the head office and by the form

own, of the legal framework applicable to the videovigilance service in taxis, fixing the

allowable purposes, the minimum requirements, the characteristics of the equipment and the

regime applicable to its approval, installation and surveillance.

It is one of the measures of whose adoption is expected to be a positive contribution to

the enhancement of the safety of drivers, without with this hurting the rights of whom, of

peaceful form, uses taxis as a means of transport.

2. The rules that you ora propose do not point to any "single system", nor

they make an option for a particular technological solution, before opening up the possibility of

use of several, which is all the more commendable as the rapid innovation

technology is broadening the modalities of videovigilance and making it accessible-

many times at lower prices-the necessary equipment to carry out and

treat.

It matters by this delimiting the purposes of the service, ensuring that the same is bound-

whatever the technological option has been adopted-to record images that, in the event of

occurrence of emergency situations, specifically, of threat or offence to the

physical integrity of taxi drivers, enable the security forces to be effective

enhanced in the identification and criminal accountability of offenders.

To frame the installation and management of the systems for collection, registration and digital archive of

images, the proposed law begins by identifying its components (units

furniture installed on board of taxis; reception desk and image archive;

equipment installed in the security forces), describing the respective functions.

The basilar rule according to which the operation and management of the systems can be fixed is fixed

exercised by legally constituted and authorized entities and that they have means

technicians and humans needed to enable proper cooperation with the forces of

security.

There has been the concern of subjecting type-approval to equipment and too much

technical solutions to be used, has referred to the head office for the issuance of judgment on the

its admissibility, making converging to the effect the action of the security forces and

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of the National Data Protection Commission.

In fact, the subjection of the videovigilance service in taxis to the willing is indispensable.

in Law No. 67/98 of October 26, as to the collection of personal data and shall stay

guaranteed to be monitored by the CNPD, with a view to ensuring that the systems are

demonstrably elderly, suitable and necessary to achieve the proposed target.

It is established, finally, the applicable sanctionatory framework.

In the legally stipulated terms, the opinion of the Commission has been requested and obtained

National Data Protection (CNPD), whose concerns, guiding principles and

recommendations had full reception in the articulation, specifically as to the

better conformation of the purpose of the treatment, to the definition of the right of access, to the

transparency in the exercise of the right of information, the time of data conservation

and its elimination. It is not proposed, however, that it is legally permitted to use

of data outside of the criminal action in the field of mere counterordinations, option that not if

coaduna with the ratio legis of the diploma, exceeding the essential purpose that through it

aims to.

They were still heard, within the framework of the legislative process, the representative associations

of the sector.

Thus:

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

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

The present law regulates the videovigilance service in taxis fixing the purposes

authorized, the minimum requirements, the characteristics of equipment and the regime

applicable to its approval, installation and surveillance.

Article 2.

Purpose and structure of the system

1-The service aims to record images that, in the event of an occurrence of

emergency situations, specifically, of threat or offence to the physical integrity of

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taxi drivers or users, and for the purpose of protection of persons and goods,

enable the security forces to take effective action in identifying and accountability

criminal of the offenders.

2-The service is based on the installation and management of a system for collection, registration and file

digital image of images, composed of:

a) Mobile units installed on board of taxis, hereinafter referred to as a UM;

b) Reception desk and image archive, hereinafter referred to as CRTI, which

ensure communication to the security forces of information aimed at the

identification of people.

Article 3.

Central reception and image archive

1-CRTI receive the images of the taxis that they are linked to, process and

archives these communications and transmits to the security forces the information

tendant to the identification of actors in emergency situations.

2-A CRTI's exploration and management can only be exercised by entities legally

constituted and authorized pursuant to the Decree-Law No. 35/2004 of February 21,

provided that they have the necessary technical and human means to enable the

proper cooperation with the security forces.

3-The entities that manage the CRTI are responsible for the processing of data, by

check the compliance of the UM facility, as well as its compatibility

technique with the equipment of the respective Central.

Article 4.

Communication between the mobile units and the reception and image archive plants

Taxis that adhere to the security system provided for in this Law shall be

equipped with the UM, duly homologated, which allows the following functions:

a) Collection of images of the interior of the vehicle under conditions and with resolution that

allow its use for the authorized purposes;

b) Data links that guarantee the secure transmission of the images to CRTI, the

end to be archived and, if it proves necessary, used by the security forces.

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Article 5.

Communication between the reception and archive central stations and the security forces

The transmission of data from CRTI to the command and control centres of the forces of

safety is done electronically in a safe manner or through physical delivery of the

images, as long as in digital support.

Article 6.

Type-approval, characteristics and installation of equipment

1-A The homologation of the UM and the equipment of the CRTI competes with the forces of

security.

2-A installation of the UM cannot harm the safety of passengers and driving

from the taxi.

Article 7.

Protection of data

1-A The use of videovigilance service in taxis is governed by the provisions of Law n.

67/98, of October 26, as to the collection of personal data, in everything that is not

find especially regulated in this Law.

2-A The installation and use of the videovigilance service in taxis is scrutinised by the

National Data Protection Commission (CNPD), with a view to ensuring that the

systems are proven to be proven to be elderly, suitable and necessary to achieve the

purpose proposed and to be safeguarded the rights, freedoms and guarantees of the

citizens.

3-A CNPD issues opinion and binding opinion on the technical specifications of the

systems whose installation is requested, in order to ensure that in an optics of

general regulation, if coadunted with the provisions of this Law.

4-A CNPD is notified of all data treatments that will come to use

videovigilance in taxis, and should define for the effect simplified procedures,

assents in criteria of speed, economy and efficiency as well as in the exclusive use

of electronic supports.

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Article 8.

Right of access

1-Are assured to all persons who figure in recordings obtained, according to

with this Act, the rights of access and disposal, save the provisions of the number

next.

2-The exercise of rights provided for in the preceding paragraph may be mercifully denied

when it is likely to call into question public safety, when it is likely to

constitute a threat to the exercise of the rights and freedoms of third parties or, as yet,

when that exercise prejudgs an ongoing criminal investigation.

3-The rights provided for in paragraph 1 shall be exercised in the face of the controller of the

data collected, either directly or through the CNPD.

Article 9.

Limits to use

1-A ONE can only be actuated to proceed to the recording of images in case of risk

or potential or imminent danger.

2-The images recorded in the terms of the previous number are removed immediately,

case not if you check the situation that motivated that recording.

3-When they own UM, taxis must have a warning, in a well-visible place,

signaling that in them it proceeds to the caption and recording of images for reasons of

safety, and identifying the data controller and your contact.

Article 10.

Term of conservation

1-The personal data obtained by the videovigilance service in taxis may be

conserved by the entity that collects them only for the period necessary to their

communication to the security forces, which cannot exceed eight days.

2-The personal data transmitted may be retained by the security forces

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

further treatment, and may not exceed one year.

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

duly substantiated circumstances, be extended, the requirement of the entity

police or judicial officer who invokes such a necessity for the fulfilment of provisions

legal.

4-Should there be no ground for the communication of data to the security forces, the

images collected must be immediately deleted.

Article 11.

Maintenance of equipment

1-The owners or users of the UM and the entities that exploit CRTI are

required to keep in good condition all the instruments, apparatus and circuits of their

systems, and they shall, for the purpose of this, have the necessary technical means.

2-It is prohibited to change the technical specifications of equipment, eliminate any

words, letters, numbers, engravings or imprints on the appliances, as well as

any indication or notes that respect them.

Article 12.

Access to facilities and equipment

The creation and management of a CRTI obliges the owner or manager of that plant to facilitate,

where necessary, the access of agents of the security forces and of the CNPD,

duly identified, to the site of the installation of the equipments.

Article 13.

Sanctionatory regime

1-Constitutions counter-ordinances, the following offences to this Law:

a) The installation of non-homologated equipment, with a fine of € 1000 a € 5

000;

b) The refusal of access to the facilities and equipment, regardless of

criminal liability, with fine of € 500 a € 750;

c) The exploration and management of a CRTI by unauthorized entity, with a fine of

€ 1500 a € 10000;

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d) The collection of images outside the legally authorised conditions, with a fine of

€ 1000 a € 5000;

e) The treatment of images outside of legally authorised conditions, with fine

from 1000 a to € 5000;

f) The transmission of data to unauthorized persons or outside the conditions

legally authorised, with fine of € 1000 a € 5000.

2-A attempt and negligence are punishable, being the limits referred to in the number

previous one reduced to half.

Article 14.

Competency for the counterordinational process

1-Are competent for the surveillance of the standards set out in this Law to the Guard

Republican National and the Public Security Police.

2-The counterordinance process begins officiously, upon participation of the

police or supervising authorities or of particular.

3-They shall apply to the counter-ordinations provided for in this Decree-law the provisions

of the Road Code for the processing of road offences.

Article 15.

Product of the fines

The breakdown of the product of the fines applied in the terms of the preceding Articles follows the

provisions of the Decree-Law No. 369/99 of September 18.

Seen and approved in Council of Ministers of July 6, 2006

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs