Regulating The Installation And Use Of Video Surveillance Systems In Taxis

Original Language Title: Regula a instalação e utilização de sistemas de videovigilância em táxis

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624467304c5667755a47396a&fich=ppl84-X.doc&Inline=false

PROPOSAL of law No. 84/X explanatory memorandum 1. Through this Bill, the Government aims at the definition, at Headquarters and by the way, the legal framework applicable to video surveillance service in taxis, fixing the permitted purposes, the minimum requirements, the characteristics of the equipment and the conditions applicable to your approval, installation and monitoring. This is one of the measures whose adoption is expected a positive contribution to improving safety for drivers, without harming the rights of those who peacefully, use taxis as a means of transportation. 2. The rules that they do not point to any "single-system", without even the option for a particular technological solution, before opening up the possibility of using multiple, which is all the more advisable as the rapid technological innovation is to broaden the modalities of surveillance and make accessible – often at lower prices-the equipment needed to carry out and handle. Matter that delimit the purposes of the service, ensuring that the same is limited – whatever the technological option adopted-to register images that, in case of occurrence of emergency situations, in particular of threat or offence to physical integrity of taxi drivers, enabling security forces enhanced effectiveness in identifying and criminal accountability of offenders. For the installation and management of the systems of collection, recording and digital archive of images, the Bill begins by identifying their components (mobile units installed on Board of taxis; and Central archive of images; installed equipment in the security forces), describing their functions. Shall be the basic rule according to which the exploitation and management of the systems may only be carried out by entities legally constituted and authorized and with technical and human resources necessary to allow adequate cooperation with the security forces. Having been the concern of subjecting the equipment approval and other technical solutions, has been to place the issue of judgment about your admissibility, making the converging action of the security forces and 2/7 of the National Commission for Data Protection. In fact, it is imperative that the subjection of the surveillance service taxis to the provisions of law No. 67/98 of 26 October, regarding the collection of personal data and must be guaranteed by the CNPD surveillance, to ensure that the systems are proven to be suitable, appropriate and necessary to attain the objective. Settles, finally, the sanctions applicable framework. In accordance with legally stipulated, was requested and obtained the opinion of the National Commission for data protection (CNPD), whose concerns, guiding principles and recommendations had full reception in the enacting terms, in particular as to the best conformation of the purpose of the processing, the definition of the right of access, transparency in the exercise of the right to information, the data retention time and your elimination. Not proposed, however, that it is legally permitted to use data outside the criminal proceedings in the field of mere contraordenações, option that doesn't sit well with the ratio legis of the diploma, exceeding the main purpose which through it if visa.

Were still heard in the context of the legislative process, the representative associations of the sector. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: Article 1 subject-matter this law regulates the service of video surveillance in fixing the authorized purposes, the minimum requirements, the characteristics of the equipment and the conditions applicable to your approval, installation and monitoring.

Article 2 purpose and structure of the system 1-the service aims to register images that, in case of occurrence of emergency situations, in particular of threat or offence to physical integrity of 3/7 taxi drivers or users, and for the purpose of protection of persons and property, allow the security forces effective action in the identification and criminal accountability of offenders. 2-the service is based on the installation and management of a system of collection, recording and digital archive of images, composed of a) mobile units installed on Board of taxis, hereinafter called a; b) reception and Central archive of images, hereinafter called CRTI, which ensure the communication information security forces aimed at identifying persons.

Article 3 reception centers and 1 image file-The CRTI receive images from the taxis that they are linked, process and archive these communications and transmit the information security forces towards the identification of actors in emergency situations. 2-the exploitation and management of CRTI can only be exercised by legally constituted and authorised entities pursuant to Decree-Law No. 35/2004, of 21 February, provided that they have technical and human resources necessary to allow adequate cooperation with the security forces. 3-the entities who manage the CRTI are data controllers, for checking the conformity of the installation of a, as well as your technical compatibility with the respective Central equipment.

Article 4 communication between mobile units and the reception and image archiving taxis to join the security system provided for in this law shall be equipped with a properly approved, which allows the following functions: a) collection of images of the interior of the vehicle in conditions and with a resolution allowing your use for the purpose authorized; b) Data Connections to ensure the secure transmission of images for CRTI in order to be archived and, if necessary, used by security forces.

4/7 article 5 communication between the central reception and image archiving and security forces the data transmission of CRTI to command and control centers of the security forces is done electronically in a secure manner or by physical delivery, provided that images in digital form.

Article 6, features and equipment installation 1-the approval of a CRTI equipment and it is up to the security forces. 2-installation of a cannot harm the safety of passengers and driving cab. Article 7 Data Protection

1-the use of video surveillance in taxis service is governed by the provisions of law No. 67/98 of 26 October, regarding the collection of personal data, in everything that is not specifically regulated in this law. 2-installation and use of video surveillance in taxis service is enforced by the National Commission for data protection (CNPD), with a view to ensuring that the systems are proven to be suitable, appropriate and necessary to attain the objective and are safeguarded the rights, freedoms and guarantees of citizens. 3-the CNPD prior opinion and binding on the technical specifications of systems whose installation is requested to ensure that, in the General Regulation, consistent with the provisions of this law. 4-the CNPD is notified of all data treatments that will operate the surveillance in taxis, and set to the effect of simplified procedures, based on criteria of speed, economy and efficiency, as well as on the use of electronic media. 5/7 article 8 right of access 1-is provided to all persons appearing on recordings obtained in accordance with this law, access rights and elimination, except as provided in the following paragraph. 2-the exercise of the rights provided for in the preceding paragraph may be denied where it is perfectly likely to jeopardize public safety, when is likely to pose a threat to the exercise of the rights and freedoms of third parties, or when this exercise prejudice an ongoing criminal investigation. 3-The rights provided for in paragraph 1 shall be exercised before the controller of the data collected, either directly or through the CNPD.

Article 9 limits to use 1-a can only be activated for recording images in case of danger or potential danger or imminent. 2-the images recorded in accordance with the provisions of the preceding paragraph are eliminated immediately, if not check the situation that led to that recording. 3-when you have a, taxis must have a warning, in a clearly visible location, signaling that they shall capture and recording of images for security reasons, and identifying the data controller and your contact.

Article 10 Term 1 conservation-The personal data obtained by video surveillance service in taxis may be stored by the collection only for the period necessary to your communication to the security forces, which may not exceed eight days. 2-The personal data transmitted can be saved by security forces during the period is necessary for the purpose of collection or further processing and may not exceed one year. 6/3 7-By court decision, the maximum period indicated in the preceding paragraph may, in duly substantiated circumstances, be extended, at the request of the police or judicial entity to invoke such a necessity for compliance with legal provisions. 4-If there is no foundation for the communication of data to the security forces, the images collected must be immediately eliminated.

Article 11 1 equipment maintenance-owners or users of a and the entities which exploit CRTI are obliged to maintain in good condition all instruments, apparatus and circuits of their systems and, to that end, the necessary technical means. 2-it is prohibited to change the technical specifications of the equipment, eliminate any words, letters, numbers, engravings or prints affixed appliances, as well as any indication or notes that comply with the same.

Article 12 access to facilities and equipment to create and manage a CRTI requires the owner or Manager of that central to facilitate, where necessary, access to agents of the security forces and the CNPD, properly identified, the place of installation of the equipment.

Article 13 sanctions Regime 1-Constitute administrative offences, the following infringements of this law: a) the installation of equipment not approved, with fine of € 1000 to € 5 000; b) the denial of access to facilities and equipment, regardless of criminal liability, with fine of € 500 to € 750; c) exploitation and management of an unauthorized entity CRTI, with fine of € 1500 to € 10 000; 7/7 d) the collection of images out of legally authorised conditions, with fine of € 1000 to € 5 000; and) the treatment of images out of legally authorised conditions, with fine of € 1000 to € 5 000; f) transmission of data to unauthorized persons or beyond the legally authorised conditions, with fine of € 1000 to € 5 000. 2-the attempt and negligence is punishable, and the limits referred to in the preceding paragraph reduced to half.

Article 14 jurisdiction to the administrative process 1-shall be responsible for the supervision of the rules laid down in this law the National Republican Guard and the Public Security Police. 2-the alleged infringement process starts automatically, through participation of police or private or supervisory. 3-Are applicable to administrative offences provided for in this decree-law the provisions of the highway code for the processing of road traffic offences.

Article 15 proceeds of fines the distribution of the proceeds of fines imposed in accordance with the preceding articles follows the provisions of Decree-Law No. 369/99 of 18 September.

Seen and approved by the Council of Ministers of 6 July 2006 Prime Minister the Minister of Parliamentary Affairs Minister Presidency