Establishes The Legal Regime Applicable To The Processing Of Data Relating To The Judicial System And The Second Amendment To Law No. 32/2004, Of 22 July, Which Establishes The Status Of The Insolvency Administrator

Original Language Title: Estabelece o regime jurídico aplicável ao tratamento de dados referentes ao sistema judicial e procede à segunda alteração à Lei n.º 32/2004, de 22 de Julho, que estabelece o estatuto do administrador da insolvência

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449304e6931594c6d527659773d3d&fich=ppl246-X.doc&Inline=false

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 1 explanatory statement there is currently a growing support in new information technologies. It is essential to consider the new technological means as a way to achieve the purposes of speed, efficiency and transparency in the provision of services to citizens. And if this is a reality at the level of provision of public services in General, it is particularly necessary in a sector such as the Justice, which calls for a reply more qualified, capable of ensuring the effectiveness of the rights and obligations and to function as a factor of economic and social development. In this plan, has walked in order to provide the judicial system with new tools to ensure, on the one hand, an increased degree of electronic processing of court proceedings and, on the other, the preservation, organization and management of information related to these processes. So, on the one hand, this Bill aims to raise awareness and make more transparent a set of rules in the field of preservation, organization and processing of data relating to legal proceedings, which becomes advisable at a time when generalize in all sectors and stakeholders in the Justice system the use of it tools in support of their duties. On the other hand, with this draft law aims to go further in the use of technological means on Justice. Indeed, at a time when watching an increasingly widespread use of computer systems, it is necessary to give new impetus towards sharing and exchange of information in these systems for all those involved in judicial processes, enabling more solutions PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/2 X integrated , capable of serving the Justice as a whole. In particular, the exchange of information between parties involved in legal proceedings and services proves to be essential to meet the needs of the judicial system and thus provide a better service to citizens. Are to avoid partial or fragmentary solutions, which only serve specific services, groups of actors determined or specific features because they prevent and hinder the sharing of information, the simplification of procedures in the courts and the administration of the judicial system. A degree plus information sharing and a growing use of shared solutions matter advantages that have an impact on citizens and user companies of services of Justice, it should be noted. Firstly, are a valuable instrument to provide aggregated information management to the justice system, necessary for a level of effectiveness, efficiency and rationality in the management of public assets and resources. With an increased degree of shared solutions enables a more complete monitoring and management of demand and offer of permanent judicial system, with a view to a more effective and timely management of available resources. In addition, provide the information necessary for the carrying out of investigations, inspections and sindicâncias legal services and the public prosecutor. Secondly, a more demanding level of information-sharing and application platform is a factor for simplification of procedure. The processes are able to be handled more simply and with a level plus dematerialization, with the aid of simplified workflows that new technologies allow and with increased information update them on. Thirdly, a deeper level of information-sharing solutions and PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X shared 3 introduces more transparency because the publicly available information is more aggregated and, consequently, more easily accessible to citizens and businesses, which is essential to increase the confidence of those in the judicial system. Fourthly, the use of shared solutions promotes the adoption of common safety rules, more demanding than it is possible to create, audit and comply with a backdrop of multiple tools fragmentary and specific application created with a view to serve only a particular agent, a given feature or a given system bodies. Fifthly, in the specific field of criminal investigation, a greater degree of information sharing through technological means allows a more effective criminal policy objectives, in particular to ensure the execution of the orders of national, European and international detention. Finally, the use of shared solutions power the economy of means and resources in the judicial system, avoiding specific solutions and with compatibility difficulties, often generate unnecessary costs and with prejudice to the efficiency of the system, which are to avoid in the context of sound management of public resources. To create increased levels of information sharing by technological means and use of shared information solutions, it is therefore necessary to identify clearly the data that can be collected, define the entities responsible for processing the data and the development of computer applications, to lay down the conditions of access and data protection, determine the situations in which it is admitted to the exchange of data with other systems and ensure greater security conditions in regarding conservation and access to data collected, including the physical infrastructure to support such operations.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 4 as well, this is the aim of this Bill: establish clear, precise and transparent rules that allow walking towards shared solutions, with more information and increased levels of security. Some aspects of this draft law deserve special mention. Indeed, the volume of information concerned makes it necessary to establish specific rules and transparent as the accountability for that information, as well as special restrictions and security measures to be observed with regard to storage, access and treatment of information that's important to mention. So, firstly, this Bill defines explicitly the entities responsible for processing the data, assigning that responsibility, according to the categories concerned, the Supreme Judicial Council, the Board of Governors of the Administrative and tax Courts and the Attorney General of the Republic. While entities responsible for processing the data, it will be up to them to ensure the legality of the query or the communication of information and ensure compliance with the measures necessary for the safety and treatment information, as well as to the electronic file. However, if you take into account that the data concerned have nature shared by respecting the same procedural reality, which would make it overly complex and even impossible to separate rigid, watertight areas of absolute liability. Consequently, determines that the responsibilities of data controllers are necessarily carried out jointly and coordinated through a Committee for the coordination of data processing and Administration, which is composed of one representative appointed by each of these entities, as well as by a representative of the Office of information technology in the Justice, I.P. , and a representative of the Directorate-General for the administration of Justice. The participation of these last two entities is based on the roles they take on, respectively, PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X


5 as an entity responsible for application development and as an entity with competencies in the management and administration of justice officials. Secondly, it clarifies that the role of the Ministry of Justice is not to manage the data, but rather ensure the development and provide the application tools and it infrastructure that supports the processing procedures and the judicial system. Thirdly, safeguarding expressly the principle of innocence of the accused in criminal proceedings, and it is expected that, in situations of access to data relating to a defendant in criminal proceedings that has not been condemned, the first visible information is indicating, as appropriate, of non-conviction or acquittal. Fourthly, lists themselves absolutely who can access data. That cast included are judicial magistrates and the public prosecutor's Office, officials of Justice to assist them, the prosecutors with powers of direction, coordination and supervision of the activity of the services and of the prosecutors, the parties in the processes and their advocates, lawyers and agents, judicial inspectors and inspection clerks of the Superior Council of Magistracy and the inspectors of the Superior Council of the Administrative and tax Courts the Inspection of the Public Ministry, and of the Council of bailiffs. Fifthly, establish different levels of access to data according to the entities concerned, so that each one only access only to the information necessary for the performance of their duties and responsibilities. Sixthly, it is determined that security measures should be established to ensure the query only by users legally provided for. Also, you must ensure, inter alia, the registration of the user identification and data consulted, as well as the date and time of beginning and end of the access to the system and the operations carried out.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 6 In seventh place, expressly recognises the data subject the right to seek the knowledge of the contents of the registries that you respect as well as to demand the updating and correction of same. In eighth place, in order to prevent access, reading, copying, the removal or alteration of data, unauthorised this proposal of law which are subject to entry control in premises used for the treatment of the data, supports, data query, insertion, modification and execution of operations on the data, the automated data processing systems the transmission of data and the transport of data media. In ninth place, with a view to safety and preservation of information, which are carried out periodically, back up this information. In tenth place, establishes that the data will only be accessible for a period of time necessary for achieving the purposes for which they are intended, after which the data should be archived electronically. Electronic archiving involves the sealing of the access to the data, but it does take into account the need for access by judges and employees of Justice for the exercise of the powers which the law assigns to them, as well as by others, under allowed by law. In eleventh place, are expressly conferred on the National Commission for Data Protection conditions to fulfil its functions of monitoring and the enforcement of the legal discipline in relation to personal data. Finally, a framework specific sanctions, intended to act before situations of violation of the rules and obligations legally enshrined.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 7 were heard the Supreme Judicial Council, the Board of Governors of the Administrative and fiscal Courts, the Superior Council of the Public Ministry and the National Commission of data protection. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General Article 1 subject-matter this law establishes the legal regime applicable to the processing of data relating to the judicial system by adopting rules on data collection: a) required for the performance of the skills of magistrates and officials of Justice as well as the exercise of the rights of other stakeholders in the judicial processes and the competence of the public prosecutor; b) registration of data referred to in the preceding sub-paragraph; c) entities responsible for processing the data referred to in point (a)) and for application development; d) protection, query, and access to the data referred to in point (a)); and Data Exchange) referred to in point (a)); f) Conservation, archiving and disposal of data referred to in point (a)); g) conditions of security of the data referred to in point (a));

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 8:00) use of data for statistical purposes; and i) penalties applicable to non-compliance with the provisions of this law. Article 2 data quality and principles of treatment 1 – the data collected pursuant to this law must be accurate and current, as well as adequate, relevant and not excessive in relation to the purpose determining the collection and subsequent treatment, and should not be treated for diverse purpose incompatible with that for which the data were collected. 2-the data controller under this law takes place in accordance with the principles of legality, good faith and proportionality, limited to what is necessary for the exercise of who he proceeds and respecting the confidentiality of Justice regimes and State secret. 3-Without prejudice to the right of filing complaint with the National Commission of data protection, the data subject is forbidden to opposition to their treatment, when this is carried out in accordance with the conditions and terms laid down in this law. CHAPTER II section I data collection purpose, aims and forms of article 3 collecting data can be collected data on: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/9 X a) judicial courts procedures; (b)) to the processes in administrative and fiscal courts; c) to investigations in criminal proceedings; d) to other processes within the competence of the public prosecutor; and connection procedure in the process) in criminal matters; f) temporary suspended criminal proceedings and archiving in case of remission; g) To custodial coercion measures and detention; h) detention orders. Article 4 data collection purposes the collection of the data referred to in the previous article has the following purposes: to) Organize, standardize and maintain all the information contained in judicial processes and the competence of the public prosecutor; b) Preserving all the information contained in legal processes and the competence of the public prosecutor, in particular, of information relating to all involved in them; c) allow electronic processing of judicial processes and the competence of the public prosecutor; (d) Provide, to the various actors) procedure, the information to which they can access, in accordance with the law;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 10 e) to ensure the completion of the investigation and the prosecution, in accordance with the Constitution and law, as well as compliance with laws of criminal policy; f) ensure that the judicial authorities of the international judicial cooperation obligations emerging from the law and the instruments of international law and of the European Union; g) criminal police bodies Provide the data necessary for the fulfilment of the obligations of exchange of data and information for the prevention and combating crime emerging from the law and the instruments of international law and of the European Union; h) Ensure the implementation of the orders of national, European and international detention; I) Provide, to the organs and competent agents, the information necessary for the exercise of the powers of direction, coordination and supervision of the activities of the public prosecutor, as well as the exercise of other powers of supervision by the public prosecutor's Office; j) Provide, to the organs and competent agents, the information necessary for assessing the professional merit of judges and staff; l) Provide, to the organs and competent agents, the information necessary for the carrying out of investigations, inspections and sindicâncias legal services and the public prosecutor's Office; m) Provide, to the organs and competent agents, the information necessary for the pursuit of disciplinary action against magistrates and officers of Justice; n) Provide the information necessary for drawing up official statistics of Justice, protection of statistical confidentiality;

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11 the) Provide the data referred to in the preceding paragraph to the bodies with competence for the management of judicial system, with a view to monitoring of its functioning; and p) Provide nominative data and indicators of the management bodies and entities responsible for the planning, administration and monitoring of the resources allocated to the justice system. Article 5 Forms 1 – collection of the information referred to in article 3 are collected by the following ways, preferably by electronic means: a) directly to the holders of its shares/units; b) judicial authorities; c) criminal police authorities or the criminal police bodies; d) among the defenders, lawyers and patent agents; e) Along the natural which have accidental intervention in the process, voluntary or caused; f) together with other public or private entities; g) through documents, requirements and other expedient to give input in the courts or the public prosecutor; h) through access to data in other systems, as well as data communication by those systems, in accordance with the law.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 12 2-the collection of data through the forms provided for in the preceding paragraph shall apply the provisions of article 10 of law No. 67/98 of 26 October (law of protection of personal data) on the right of information of the holder. 3-Who intervene in the processes is required, by law, to provide and update the data provided for in this law to be aware. 4-the provisions of the preceding paragraph shall be without prejudice to the rules relating to statements of the accused in criminal proceedings. Section II categories of data article 6 judicial courts processes Data can be collected the following categories of data relating to judicial courts processes: a) magistrates which Data the process is distributed and justice officials who assist them; b) data of the magistrates and justice officials who have declared or have been declared restricted, denied or excused; (c) identification and contact Data) of the main and accessory parts, in civil procedure and work; d) identification data and contact of the assistants, harmed, offended, civil parties, complainants and victims in criminal proceedings; and identification and contact Data) of defendants and contested authorities in administrative process;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 13 f) Identification Data and contact details of witnesses; g) identification and contact Data of the defenders, lawyers and agents, as well as data necessary for processing the payment of fees to the same; h) identification and contact data of experts, technical consultants and technical advisors as well as data necessary for processing the payment of fees to the same; I) identification and contact Data of the provisional judicial administrators and the administrators of insolvency, as well as data necessary for processing the payment of salaries and fees; j) Identification Data, contact, location and situation of the accused, procedure in criminal proceedings; l) data from the processing of the case. Article 7 data from the administrative and fiscal courts processes can be collected the following categories of data relating to administrative and fiscal courts processes: a) magistrates which Data the process is distributed and justice officials who assist them; b) data of the magistrates and justice officials who have declared or have been declared restricted, denied or excused; (c) identification and contact Data) of the parties, main and accessory; d) identification data and contact details of witnesses;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 14 and) identification and contact Data of the representatives, as well as data necessary for processing the payment of fees to the same; f) identification and contact data of the experts and technical advisers, as well as data necessary for processing the payment of fees to the same; g) data from the processing of the process. Article 8 the Survey Data in criminal proceedings can be collected the following categories of data relating to investigations in criminal proceedings: a) magistrates to which the Data process is distributed and justice officials who assist them; b) data of the magistrates and justice officials who have declared or have been declared restricted, denied or excused; (c) identification and contact Data) of assistants, harmed, offended, civil parties, complainants and victims; d) identification data and contact details of witnesses; and) identification data and contact of the defenders, lawyers and agents, as well as data necessary for processing the payment of fees to the same; f) identification and contact data of the experts and technical consultants, as well as data necessary for processing the payment of fees to the same;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 15 g) Identification Data, contact, location and situation of the accused, procedure of the suspect and denounced; and h) processing of process data. Article 9 Data from other processes of the competence of the Prosecutor can be collected the following categories of data relating to other processes the competence of Prosecutors: a) magistrates to which the Data process is distributed and justice officials who assist them; b) data of the magistrates and justice officials who have declared or have been declared restricted, denied or excused; (c) identification and contact Data) of the parties, main and accessory; d) identification data and contact details of witnesses; and) identification data and contact the authorised representatives, as well as data necessary for processing the payment of fees to the same; f) identification and contact data of the experts, as well as data necessary for processing the payment of fees to the same; and g) data from the processing of the case. Article 10 the connection Data of procedure in criminal proceedings can be collected the following categories of data relating to the connection procedure in criminal proceedings: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 16 a) name of the accused, suspect or indicted; b) tax identification number and identification number, civil or military, national or foreigner of the accused, suspect or indicted; c) identification of criminal proceedings which run against the accused, suspect or indicted, through its number; d) types of crime charged in each case; e) dates, places and characterization of the facts, for each criminal proceedings; and f) identification of the Court or the public prosecutor in service that runs every criminal proceedings. Article 11 Data provisional suspension of criminal proceedings and in case of filing waiver of penalty can be collected the following categories of data relating to provisional suspension of criminal proceedings and archiving in case of waiver of penalty: the) names of people which have already been applied the measures of provisional suspension of criminal proceedings or filing in case of remission; b) tax identification number of the persons referred to in the preceding paragraph and civil identification number or military, national or foreign; c) affiliation, country of birth, nationality, date of birth, sex, and marital status of persons referred to in point (a)); d) previous convictions, with the identification of the type of crime which it concerns, the Court and the process in which they were made and of the date on which they were made;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 17 e) provisional suspension measures in criminal proceedings and in case of filing penalty waiver applied to persons referred to in point (a)), with the process ID and the Court in which they were applied, the type of crime which it concerns, the date and the procedural stage at which it was decided to your application and in the case of provisional suspension of criminal proceedings, of the orders or rules of conduct applied; and f) in the case of provisional suspension of criminal proceedings, the dates of its beginning and end, as well as the indication of the filing or reopening of the case after the expiry of the suspension. Article 12 measures Data custodial coercion and possession can be collected the following categories of data relating to enforcement custodial measures and possession: a) name of the people who have already suffered coercive measures or custodial arrests; b) tax identification number of the persons referred to in the preceding paragraph and civil identification number or military, national or foreign; c) custodial coercion measures and arrests suffered, with identification of the respective starting dates, and suspension order, the Court and the order process from which they were enacted, the types of crime charged, the date of the circulation of facts, as well as the State of the proceedings and the date of the final decision, if any; (d)) the Court and the process Id to the order which the persons referred to in point (a)) are detained or arrested.

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18 article 13 detention orders Data can be collected the following categories of data relating to orders of detention: a) name of the person sought; b) Nicknames; c) civilian or military identification number, national or foreign; d) tax identification number; and) image of the requested person; f) previous convictions and related crimes; g) nationality; h) Households known; I) telephone; j) Cell; l) Telefax; m) e-mail address; n) name, address, telephone, fax and e-mail of the judicial authority or criminal police authority that issued the detention order; the) police agencies or entities for which it has been widespread detention order; p) national, European or international Nature of the order of arrest; q) purpose of the detention order;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 19 r) indication of the existence of an enforceable judgment, an arrest warrant or any other decision having the same Executive Force; s) Nature and legal classification of the offence; t) description of the circumstances in which the offence was committed, including the time, place and degree of participation in the infringement of the requested person; u) penalty imposed, in the case of a final judgment, or the measure of punishment provided for such offence; and v) to the extent possible, other consequences of the offence. Article 14 Judges and justice officials in accordance with subparagraph (a)) and (b)) of articles 6, 7, 8 and 9, may be collected the following categories of data relating to magistrates and officials of Justice: a) Name; b) mechanical Number; c) Phone service; d) Phone service; e) email service; and f) Professional category. Article 15 other subjects pursuant to procedural) articles 6, 7 and 9, (e)) of article 6 and article 8 (c)), may be collected the following data categories, PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 20 respectively, to parties, to the accused and the authorities resorted in case against-ordenacional as well as assistants, harmed, offended, civil parties, complainants and victims: the) Name, firm or designation; b) tax identification number and identification number, civil or military, national or foreign; c) Domicile, with indication of the municipality and the parish, or zip code, in the case of location in Portugal, or of the State, in the case of foreign location; d) Phone; e) Cell; f) Fax; g) e-mail address; and h) identification of the lawyer. Article 16 Witnesses in accordance with article 6 (f)) and (d)) of the articles 7, 8 and 9, may be collected the following categories of data concerning witnesses: a) Name; b) tax identification number and identification number, civil or military, national or foreign; (c)) date of birth;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 21 d) in the case of minor, identification of the legal representative; and) home; f) Phone; g) cell phone; h) Telefax; I) identification of the subject or subjects that the procedural indicated; and j) identification of the lawyer. Article 17 Defenders, lawyers and agents pursuant to subparagraph (g)) of article 6 and of article 3(3)(e)) articles 7, 8 and 9, may be collected the following categories of data relating to defenders, lawyers and agents: a) Name; b) tax identification number; c) Bank identification number; d) professional card Number; e) professional domicile; f) Phone service; g) mobile phone service; h) Telefax; I) e-mail address;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/22 X j) indication of professional quality, as a lawyer, trainee lawyer, solicitor, trainee solicitor, bailiff or enforcement agent; l) identification of the intervener procedure that represents. Article 18 Experts, technical advisers, technical advisers, provisional judicial administrators and insolvency administrators pursuant to points (a) h) and (i)) of article 6 and article f) of articles 7, 8 and 9, may be collected the following categories of data experts, technical advisers, technical advisers, provisional judicial administrators and administrators of insolvency: a) Name; b) tax identification number and identification number, civil or military, national or foreign; c) professional domicile; d) Phone; e) Cell; f) Fax; and g) e-mail address. Article 19 Defendants in criminal proceedings in accordance with j) of article 6 and article 8 (g)), may be collected the following categories of data relating to the accused in criminal proceedings: the) Name, firm or designation;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 23 b) Nicknames; c) in the case of natural persons, civil identification number or, if this does not exist or is not known, number of the passport or another identification document, civil or military; d) tax identification number; e) Households, personal and professional, with indication of the municipality and the parish, or zip code, in the case of location in Portugal, or of the State, in the case of foreign location; f) Phone; g) cell phone; h) Telefax; I) e-mail address; j) Bank identification number; l) in the case of natural persons, profession and qualifications; m) in the case of legal persons, legal status and economic activity; n) types of crime charged; the) in the case of individuals, their relationship with the victim; p) criminal records and indicator of recidivism; q) periods of detention, with the indication of the respective dates and times of beginning and end; r) measures of coercion and asset guarantee applied, with an indication of the respective dates of commencement, suspension and order;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 24 's) in the case of application of the measures of custody or of obligation to stay in housing, the place of execution of the measure; t) Indication of the Court and the procedure in the national territory or abroad, the order of which is stuck; u) Note the Declaration of default judgment, indicating the start and end dates; v) type of final decision issued in investigation and date; x) final decision; z) date of final transit of the final decision; AA) in the case of final conviction decision, indication of the same being, or not, resulting from a height; BB) in the case of final conviction decision, indication of the same being, or not, resulting from a height; CC) in the case of final conviction decision in fine, the number of days of fines and the amount of the fine; DD) in the case of final conviction decision in prison, periods of duration of imprisonment or replaced; EE) extinction of criminal procedure, in respect of each of the crimes charged; and ff) identification of the proponent.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 25 article 20 Processing 1 process-in accordance with l) article 6, paragraph (g)) of article 7, paragraph (h)) of article 8 and article 9 (g)), can be collected, in particular, the following categories of data relating to the processing of the case: the) Jurisdiction; b) case number; c) Court or public prosecutor service where the process; d) species in the process; and Species distribution process); f) form of the process; g) subject-matter of the proceedings; h) formation of the Court; I) kind of final decision; j) form of the final decision; l) time of final decision; m) Indication of the condition of an attached process, as well as the existence of joined cases; n) indicating the existence of corporate processes, as well as the incorporation of other processes; the condition of occurrence) indication, or not, of legal aid and its mode;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 26 p) indication of the occurrence of suspensions, their start and end dates and reason legally foreseen for the same; q) judgments, the minutes, the pleadings, briefs, letters, decisions, orders, warrants, the memorials, the opinions, resources, reports, applications, statements, sentences and other procedural acts or other, practiced in the process, or its reduction to written as well as the magnetofónicas and audiovisual recordings and other parts and documents submitted in the process, and their dates; and r) notifications and citations, an indication of its success or failure, as well as the dates when, if successful, they consider themselves to be carried out. 2 – other than those provided for in the preceding paragraph, may still be collected, in particular, the following categories of data the processing of civil procedure and the working process: a) dates and locations of the facts; b) applications and their values; and c) causes of action. 3-other than those provided for in paragraph 1, may also be taken, in particular, the following categories of data the processing of executive action: the) kind of enforceable; b) type of well; c) value of the evaluation of the well; d) date of attachment of the well; and the sale value);

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27 f) date of sale of the goods; g) enforcement agent; and h) result of the process. 4 – other than those provided for in paragraph 1, the categories of data the processing of bankruptcy, insolvency or reorganization include, in particular, the data of the existence, or not, of an insolvency plan and, where appropriate, mention of the fact that it is a secondary insolvency proceedings in accordance with the provisions laid down in paragraphs 2 and 3 of article 3 and in article 27 of Regulation (EC) no 1346/2000 of the Council of 29 May 2000. 5-other than those provided for in paragraph 1, may also be taken, in particular, the following categories of data relating to the processing of tutelary educational processes or promotion and protection: a) the place, date and legal classification of the facts; b tutelary Measures applied); and c) application forms and review the measures. 6 – other than those provided for in paragraph 1, may also be taken, in particular, the following categories of data relating to the conduct of proceedings in which they discuss accidents at work: a) the date of the accident; b) location where the accident occurred, with an indication of the respective parish; c) Result of work accident and disability resulting from the accident; and d) compensation and pension Value assigned.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 28 7 – other than those provided for in paragraph 1, the categories of data relating to the conduct of proceedings in which are claimed credits include, inter alia, the value of the credits claimed. 8-other than those provided for in paragraph 1, may also be taken, in particular, the following categories of data relating to the conduct of criminal proceedings: a) types of crime and characterization of the facts; b) classification of crimes, as provided for in the law of criminal policy; c) dates and locations of the facts; d) probable date of the prescription; e) data on the application of interception and recording of conversations or communications and to obtain and to join the cell phone location data or records of conducting conversations or communications. 9 – other than those provided for in paragraph 1, may also be taken, in particular, the following categories of data the processing of violation process: the) kind of a misdemeanour; and b) dates and locations of the facts. CHAPTER III liability for the processing of data and the application development article 21 Entities responsible 1-the Supreme Judicial Council is responsible for processing the data referred to in point (a)), and), g) and (h)) of article 3.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 29 2-the Board of Governors of the Administrative and tax Courts is responsible for processing the data referred to in article 3 (b)). 3-the Attorney General of the Republic is responsible for processing the data referred to in (c)), d) and (f)) of article 3. 4 – it is up to the responsible data controller: to ensure the legality of the appointment) and the communication of information; b) Ensure compliance with measures necessary for the security of information and data treatments; c) Ensure compliance with the rules of access and security for the electronic file. 5-For the exercise of the powers provided for in the preceding paragraph, each data controller shall appoint a representative with technical competence and experience in the field of systems administration for the Commission to coordinate treatment and administration of Data provided for in the following article, which has full access to the facilities and physical infrastructure of data processing support as well as the data collected pursuant to this law, without prejudice to the confidentiality of Justice regimes and State secret. 6 – are ensured by magistrates with jurisdiction on the Court of Justice, in accordance with the law: a) the right to information and the conditions of access to the data by the proprietor; b) the updating of data, as well as the correction of which are inaccurate, the completion of fully or partially missing and the removal of improperly registered.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 30 article 22 Commission for coordination of treatment and 1 Data management – the powers of the entities responsible for data processing are performed in a coordinated manner, through a Commission for coordination of data processing and Administration, which is composed of one representative appointed by each of these entities in accordance with paragraph 5 of the preceding article. 2-the Commission referred to in the preceding paragraph is still composed of: a) a representative designated by the Office of information technology in the Justice, I.P., (ITIJ, IP), as an entity responsible for application development; (b)) a representative designated by the Directorate-General for the administration of Justice (DGAJ), as an entity with competencies in the management and administration of justice officials. 3-the representatives referred to in the preceding paragraphs are people with competence and technical experience in the field of system administration. 4-the Commission for the coordination of treatment and data Administration: a) Ensure the coordinated exercise of the competences of the data controllers; b) Promote and monitor system security audits;



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 31 c) Set guidelines and recommendations regarding system security requirements, taking in particular into account the priorities of application development, the possibilities of technical implementation and the financial resources available; d) create and maintain an up-to-date register of the technicians who perform the physical operations of treatment and management of data. Article 23 application development the Ministry of Justice ensures, through the ITIJ, IP, without prejudice to the confidentiality of Justice regimes and State secret, the development of computer applications required for handling processes and the management of the judicial system, including the necessary analysis, implementation and support. CHAPTER IV protection, data access and query article 24 protection of data consulted 1 – data query under this law shall be carried out in accordance with the principles of the data processing referred to in paragraph 2 of article 2. 2-is guaranteed, inter alia, that: a) the consultation of data covered by the secrecy of Justice or by the State secret is in accordance with the legislation governing the respective schemes; b) the information contained in documents that are only working version can be queried and changed by its author;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 32 c) the information contained in documents that are in final version cannot be changed. Article 25 Innocence of defendants in criminal proceedings whenever they access the data relating to a defendant in criminal proceedings there are no convicted, this must be the first visible information. Article 26 Queries by users 1-without prejudice to the confidentiality of Justice regimes and State secret, have access to the data referred to in article 3, in accordance with the procedure provided for in this law: a) the magistrates and justice officials who assist them; b) parties, the defendant, the wizard and the civil parties as well as its advocates, lawyers and other representatives; c) prosecutors with powers of direction, coordination and supervision of the activity of the services of the Public Ministry; d) judicial inspectors and inspection clerks of the inspection services of the Superior Council of the judiciary, as well as who, within the framework of the Superior Council of Magistracy, be responsible, under the law, carrying out surveys or sindicâncias; e) inspectors of the inspection services of the Superior Council of the Administrative and tax Courts; f) inspectors and inspection clerks of the inspection of the Public Ministry; and PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 33 g) inspectors and the Secretaries of the inspection services inspection Board of bailiffs. 2-the data query is equipped with special security measures, which guarantee, inter alia: a) that only the users referred to in the preceding paragraph may consult the data; (b)) that the level of consultation of the data by each user, is strictly limited to what is necessary for the exercise of its powers; (c)) That the consultation of data take place only through specific application through user authentication; d) Which are recorded electronically data queries, pursuant to this law. 3-the electronic register referred to in point (d)) of the preceding paragraph contains the following information: a) the identity and category of user who queries the data; b) the date and time of beginning and end of the data query for each user; c) identification of the data consulted; d) transactions for each user in each query of the data, including system administration and operations of an addition, alteration, removal or archiving of the data it contains.

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34 article 27 Queries by magistrates and officials of Justice 1-magistrates and justice officials that assist may refer to: a) the data from the processes in judicial courts and administrative and fiscal courts that are within its competence; (b)) the data of the connection procedure in criminal proceedings relating to criminal proceedings whose defendant is the same as in cases which are within its competence, with a view to the completion of verification assumptions of the connection procedure; (c)) the data from provisional suspension of criminal proceedings and in case of filing waiver of penalty concerning who is accused in cases which are within its competence, with a view to the completion of verification assumptions of application of those measures; d) data of the custodial coercion and possession concerning who is accused in cases which are within its competence; and) the data from the orders of detention for persons involved in processes that are within its competence; f) the data referred to in point (e)) of paragraph 8 of article 20 for persons involved in processes that are within its competence and to which they may be applied, in accordance with the law, the measures mentioned. 2-prosecutors and justice officials that assist may consult the data of investigations in criminal proceedings and other cases within the jurisdiction of the public prosecutor's Office, relating to processes that are within its competence.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 35 3 – judges and justice officials that assist may consult the data of investigations in criminal proceedings concerning cases which are within its jurisdiction, when such data are necessary for the exercise of competences which fit you, according to law, during the investigation. 4-the magistrates and justice officials cannot access processes: a) referring to crimes committed by such magistrate or justice or clerk to be offended, person with College to become Assistant or civil party; b) in which this magistrate or an officer of Justice has declared or has been declared stopped, refused or useless. Article 28 Consultation of the parties, defendant, Assistant, civil parties, advocates, attorneys and other representatives Without prejudice to the legal regimes of the secret of Justice and the State secret, the parties, the defendant, the wizard and the civil parties as well as its advocates, lawyers and other representatives, may consult the following data for the respective processes: a) the data referred to in point (a)) of article 14; (b)) the data referred to in (a)) and h) of article 15; (c)) the data referred to in (a)) and (j)) of article 16; (d)) the data referred to in (a)) and e) i) article 17; and) the data referred to in point (a)) of article 18; f) the data referred to in article 19, in the case of the advocate, or under (a)) and (f)) of the same article, in all other cases; and PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 36 g) the data referred to in article 20, with the exception of those referred to in point (e)) of paragraph 8, which can only refer to the extent that, under the law, can consult the record in which they fall. Article 29 Direction, coordination and supervision of the activity of the public prosecution service 1 – with a view to the exercise of the powers of direction, coordination and supervision of the activity of the services and public prosecutors: a) the Attorney General of the Republic may consult the data processes in the judicial courts, the administrative courts processes data and tax data from investigations in criminal proceedings and the data from other processes of the competence of the public prosecutor relating to any proceedings; b) the Associate Attorney General who runs the Central Bureau of investigation and prosecution may consult the data of criminal cases in the judicial courts, as well as the data of the surveys in criminal proceedings concerning processes that run within their Department; c) the District Attorney General may consult the data of the judicial courts, processes the data of investigations in criminal proceedings and the data from other processes within the competence of the public prosecutor's Office, relating to processes that run within their judicial district; d) The Deputy Attorneys General representing the public prosecutor's Office in central administrative courts may consult the data of the administrative and tax courts processes, relating to processes that run in the respective courts, administrative courts and tax courts circle located in its area of jurisdiction;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 37 and) the Assistant Attorney General or the District Attorney who runs a Department of investigation and prosecution may consult the data of criminal cases in the judicial courts, as well as the data of the investigation in criminal procedure, relating to processes that run within their Department; f) The Deputy Attorneys General to direct a Prosecution of the Republic and, when available, public prosecutors or engineers with specific functions of coordination, can query the data from the judicial courts and processes the data of investigations in criminal proceedings, relating, respectively, to the processes assigned to their attorney of the Republic and to proceedings in relation to which coordination functions; and g) public prosecutors representing the State in administrative courts and tax courts circle and that in them have coordinating functions can query data from administrative and fiscal courts procedures distributed to prosecutors serving in the same court. 2-with a view to the exercise of the powers of direction, coordination and supervision of the activity of the services and public prosecutors: a) The prosecutors referred to in the preceding paragraph may also query the data of detention orders relating to persons involved in processes that are distributed to judges subject to its direction skills, coordination and monitoring; and b) prosecutors referred to in (a)) (c)), e) and (f)) of the preceding paragraph may also refer to: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 38 i) procedural connection data in criminal proceedings relating to criminal proceedings whose defendant is the same as in distributed processes to magistrates subjected to their management skills coordination and supervision,; and ii) data from the provisional suspension of criminal proceedings and in case of filing exemption from penalty for accused persons in criminal proceedings distributed to judges subject to its direction skills, coordination and monitoring; III) data from the custodial coercion measures and detention for accused persons in criminal proceedings distributed to judges subject to its direction skills, coordination and monitoring. IV) the data referred to in point (e)) of paragraph 8 of article 20, for persons involved in distributed processes to magistrates subject to its direction skills, coordination and monitoring, and to which they may be applied, in accordance with the law, the measures mentioned. 3-this provision does not encompass-if the preceding paragraphs the details of the processes that relate to crimes carried out by the public prosecutor concerned or to be offended, person with College to become Assistant or civil party, or those in which there is cause of impediment, refusal or excuse. 4 – the consultation pursuant to the preceding paragraphs, when respects the data sought by the secret of Justice or State secrecy, is founded by electronic means, by invoking briefly the reasons therefor.



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39 article 30 services, assessing the Situation merit disciplinary action, inspections, investigations and sindicâncias 1-with a view to the exercise of the powers provided for in the law, relating to the situation of the services, the collection of elements for assessing the professional merit, to the education of disciplinary proceedings or inspections, extraordinary inspections, investigations or sindicâncias, and the strict extent necessary to that exercise can query the data provided for in article 20: the Court and the inspectors) Secretaries of the respective inspection as well as who, within the framework of the Superior Council of Magistracy, be responsible, under the law, carrying out surveys or sindicâncias; b) inspectors from the Board of Governors of the Administrative and tax Courts; c) inspectors in inspection of the public prosecutor's Office and the Secretaries of the respective inspection; and d) inspectors of the inspection services of the Council of bailiffs and the Secretaries of the respective inspection. 2-For the purposes of this diploma, it is considered strictly necessary for the exercise of the powers provided for in the law, referred to in the preceding paragraph:) where knowledge of the situation of the services and the performance of inspections, inspections or inquiries sindicâncias extraordinary, the consultation of the data referred to in article 20 concerning processes that run services subject to these terms of skills that the user of the system is responsible;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 40 b) in the case of professional merit assessment, the consultation of the data referred to in article 20 concerning distributed processes to persons covered by the collection of information concerning the professional merit of the system user is responsible; and c) in the case of disciplinary proceedings, the consultation of the data referred to in article 20 concerning distributed processes to accused persons in disciplinary proceedings to which the user statement of the system is responsible and that the article subject of this procedure are related. 4 – the consultation pursuant to the preceding paragraphs, when respects the data sought by the secret of Justice or State secrecy, is founded by electronic means, by invoking briefly the reasons therefor. Article 31 examination and consultation of records and obtain copies or certificates pursuant to articles 26 to 30 shall be without prejudice to rights of examination and consultation of records and obtaining copies, extracts or certificates, in accordance with the law, in particular by electronic means under order of the Member of Government responsible for the area of Justice. Article 32 access to the data by the general public in articles 26 to 30 shall be without prejudice to the provision, on publicly accessible Web site, data not covered by the secrecy of Justice or State, under the law.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 41 article 33 access to data by the holder 1-any person properly identified and requesting it in writing is recognized the right to know the contents of the records of the data that you respect, without prejudice to the confidentiality of Justice regimes and State secret and to paragraph 2 of article 11 of the law of protection of personal data. 2-Without prejudice to the duty of providing updated data provided for in paragraph 2 of article 5, is recognized, any person duly identified and that the request in writing to the magistrate with jurisdiction over the proceedings, with regard to the data that you respect, the right to obtain the updating, as well as the correction of inaccurate data, the padding of totally or partially missing and the removal of improperly registered , pursuant to point (d)) of paragraph 1 of article 11 of the law on protection of personal data. 3 – The applications referred to in paragraphs 1 and 2 may be carried out by electronic means, under order of the Member of Government responsible for the area of Justice. Chapter V exchange of data with other systems article 34 Data Communication with other systems 1 – for the purposes set out in the law, there may be data communication, by electronic means, with the following systems: a) of criminal police; b) Foreign and border service;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 42 c) of the Food and economic Safety Authority d) Of National Road Safety Authority; and) of organs and local government services; f) tax services; g) social security institutions; h) civil identification; vehicle registration r); j) commercial registry; l) criminal record and repeat; m) of the national register of legal persons; n) the land registry; the prison services); p) Of social reintegration; q) of the Bar Association; r) of the Chamber of bailiffs; and s) Of other entities that collaborate with the justice system in the context of court proceedings, in particular the providers of publicly available electronic communications services or of a public communications network and the entities responsible for carrying out surveys, drafting of technical and scientific opinions, and verification report social compliance with injunctions, instead feathers and penalties.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 43 2 – data communication to the criminal police bodies under) the preceding paragraph includes, necessarily, the final decision of the case, when this takes place. 3-the data of the detention orders are communicated automatically to the judicial police, the judicial police, the Military Police of Public Security, the National Republican Guard, in the service of Foreigners and borders and the maritime police. 4 – whenever the technical conditions allow, the data communication to the magistrates and justice officials that the respective criminal police bodies and by other entities that collaborate with the justice system within the framework of the investigation and judicial proceedings shall be carried out by electronic means. 5 – data communication in accordance with the preceding paragraph require your submission in physical media, without prejudice to the possibility of the magistrates responsible for the process which it concerns warrant, when the same is necessary for the purpose for which the data were communicated. Article 35 access to data in other systems the magistrates and justice officials that assist can access data in the systems referred to in paragraph 1 of the preceding article for purposes of identification, location or contact updated, in conditions of safety, speed and efficiency: a) Of any interveners in judicial processes and the competence of the public prosecutor; b) procedural situation of accused persons in criminal proceedings; (c)).

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 44 article 36 other systems the provisions of articles 34 and 35 shall not affect data communication with other systems, or access to data from other systems, in accordance with the law of protection of personal data. CHAPTER VI storage, archiving and disposal of data article 37 Conservation, archiving and disposal of 1 data – the data referred to in article 3 are only accessible as are strictly necessary for the purposes for which they are intended. 2 – the data will no longer be strictly necessary for the purposes for which they are intended, as soon as you check the two following circumstances: a) the processes to which the data relate themselves as ended for the purpose, in accordance with the law; and (b)) is provided the use of the data for the purposes of compiling official statistics of Justice. 3 – The data controllers ensure that scanned both circumstances referred to in the preceding paragraph, the data will integrate the electronic file.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 45 4 – removal of electronically archived data takes place in accordance with the provisions governing the qualifications, filing deadlines for the conservation and destruction of administrative processes and court documents, with the necessary adaptations. Article 38 1 electronic File-electronic filing of the data referred to in paragraph 3 of the previous article involves with access to the same, except as provided in the following paragraphs. 2 – can only access the archived data electronically: a) the magistrates and justice officials to assist them, in so far as is strictly necessary for the exercise of its powers legally provided for and presentation of the reasons for the consultation; b) persons to whom the law confers a right to auto or query for obtaining copy, extract or self certificate or part of it, in so far as is strictly necessary for realization of the order that is based on the query, and without prejudice to the confidentiality of Justice regimes and State secret. 3 – the access referred to in point (b)) of the preceding paragraph is required to the judicial authority that has made the latest decision in the process, with presentation of the reasons underlying the request. 4-apply to the electronic file the provisions of article 25.




PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 46 CHAPTER VII data security article 39 1 – security measures with a view to security of data, are subject to verification: a) the premises used for the storage of data, in order to prevent access by unauthorized personnel; b) supports, in order to prevent may be read, copied, altered or removed by unauthorized person; c) consultation of data, in order to ensure that it is carried out only by authorised persons and that is in accordance with this law; d) insertion, alteration, disposal and any other operation on the data, to verify that operations were carried out, when and by whom, and to prevent the introduction, as well as any knowledge, unauthorized alteration or elimination thereof; and) automated data processing systems, to prevent use by unauthorised persons by means of data processing installations; f) transmission of data, to ensure that the sending of these, through data transmission facilities, is limited to authorized entities; g) transmission of data and the transport of data carriers, to prevent that the data can be read, copied, modified or deleted in an unauthorized manner;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 47 h) data access from outside of the facilities where they are stored, in order to ensure their safety. 2-control of the consultation of the data and the operations performed on the data, referred to in (c)) and (d)) of the preceding paragraph, is done through the electronic register referred to in paragraph 3 of article 26, and that registration be regularly communicated to data controllers, for auditing purposes to access. 3-for the purposes referred to in the preceding paragraph is also kept a register of access permissions that are assigned to each user and the information contained in such record to be erased 10 years after the date of your registration. 4 – with regard to the safety and preservation of information, are made periodically back up the same. Article 40 professional confidentiality Who, in the performance of his duties, becomes aware of information referred to in article 3, whose knowledge by the public is not admitted by the law, is bound to professional secrecy, in accordance with the provisions of paragraphs 1 and 4 of article 17 of the law of protection of personal data. Article 41 National Commission 1 – data protection The data controllers, as well as the other entities that form part of the Commission provided for in article 22, shall notify immediately to the National Commission for data protection (CNPD), the identity and the functions of the representatives appointed under that article.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 48 2-with a view to the further assignment of control and monitoring of compliance with the standards of protection of personal data, of its own motion or following a complaint, complaint or petition is submitted, the CNPD may access the register referred to in paragraphs 2 and 3 of article 39. 3-the preceding paragraphs shall not affect the exercise by the CNPD, of powers and competences referred to in articles 22 and 23 of the law of protection of personal data. Article 42 1 physical infrastructure safety – the Ministry of Justice ensures, through the ITIJ, IP, that the physical infrastructure and transmission lines to support the collection, recording and exchange of data, as well as to the electronic file are kept in facilities to ensure adequate security conditions. 2-The designated representatives, in accordance with paragraph 5 of article 21, by data controllers, can access to the premises referred to in the preceding paragraph. CHAPTER VIII Statistics Data for statistical purposes article 43 1 – can be used for statistical purposes, non-Word and with preserving statistical confidentiality, the following categories of data: a) data relating to magistrates and officials of Justice: i) sex; and PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 49 ii) Professional category. b) data relating to defenders, lawyers and representatives: i) sex; II), Portuguese or foreign Nationality; and iii) Indication of whether lawyer, trainee lawyer, solicitor, trainee solicitor, Prosecutor or other. c) data relating to the accused in criminal proceedings and the accused in lawsuit against-ordenacional: i) date of birth; II) sex; III) marital status; IV) nationality; v) Naturalness, with indication of the municipality and the parish, in the case of birth in Portugal, or of the State, in the case of birth abroad; vi) level of education; VII) labour status; and viii) profession. d) data relating to the wizards, the wronged, the offended parties, ' civil parties, to complainants, the injured, the witnesses and victims: i) date of birth; II) sex; and PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 50 iii) marital status. and) in criminal proceedings the accused's Relationship with the victim; f) data on legal persons involved in the processes, that title is: i) legal nature; and ii) code of classification of economic activities. g) data relating to the processes of divorce: i) wedding date; II) number of previous marriages dissolved by divorce; III) number of previous marriages dissolved by widowhood; IV) form of celebration of the marriage; v) location of the address family house, with an indication of the parish, in the case of location in Portugal, or of the State, in the case of foreign location; vi) fundamentals of divorce; and vii) Dates of birth of the minor children. 2-the provisions of the preceding paragraph shall not affect the treatment, with safeguarding the statistical confidentiality, other particulars provided for in this decree-law, with a view to compiling official statistics of Justice. 3-the provisions of paragraph e) of paragraph 1 implies, inter alia, the identification of cases of domestic violence and of trafficking in persons.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 51 CHAPTER IX article 44 Penalties data Deviation Who intentionally deflect any of the particulars provided for in this decree-law is punished with imprisonment up to two years or a fine up to 240 days. Article 45 use of data in a manner incompatible with the purpose of collecting Who intentionally using any of the data provided for in this decree-law, in a way incompatible with the purposes of determining its collection, is punished with imprisonment up to two years or a fine up to 240 days. Article 46 illegal data Interconnection Who intentionally promote interconnection or illegal in any of the particulars provided for in this decree-law is punished with imprisonment up to two years or a fine up to 240 days. Article 47 improper access to data 1-Who, without proper authorization, by any way, access any of the personal data provided for in this law, is punished with imprisonment up to one year or a fine up to 120 PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 52 days.

2-the penalty is aggravated to double its limits when access: a) Is achieved through breach of technical regulations; b) Have provided officer or to third parties the personal data knowledge; or c) Have provided to the officer or to any third party the benefit of advantage. Article 48 Falsification or destruction of 1 results – Who, without proper authorization, erase, destroy, damage, delete or modify any of the data provided for in this decree-law, making them unusable or affecting your ability to use, is punished with imprisonment up to two years or a fine up to 240 days. 2-the penalty is aggravated to double its limits if the damage produced is particularly serious. 3-If the agent acting with negligence, the penalty is, in both cases, imprisonment up to one year or a fine up to 120 days. Article 49 violation of the duty of confidentiality 1 – Who, thanks to professional secrecy, in accordance with the law, without just cause and without the due consent, disclose or disseminate all or part of any of the data provided for in this decree-law is punished with imprisonment up to two years or a fine up to 240 days.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 53 2-the penalty is compounded half its limits if the agent: a) Is a civil servant or treated as such under the penal law, lawyer, or solicitor; b) is determined by the intention of obtaining any equity advantage or other illegitimate benefits; or c) Puts in jeopardy the reputation, honour and consideration or the intimacy of private life. 3-negligence is punishable with imprisonment up to six months or a fine up to 120 days. Article 50 Penalty attempt in the crimes provided for in this chapter, the attempt is always punishable. Article 51 accessory Penalty in conjunction with the penalties provided for in this chapter, can be issued the penalties provided for in article 49 of the law of protection of personal data. Article 52 other sanctioning regimes 1 Applicability-the provisions of this title shall not affect the application of articles 35 to 49 of the Personal data protection act or the provisions of the Penal Code, if such application result, in concrete, a more serious sanction.

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Draft law No. 246/X 54 2-the provisions of this title shall not affect the application of the law on computer crime. Article 53 liability and discipline provisions of this title shall not affect the civil or disciplinary responsibility gross. CHAPTER X final provisions article 54 supplementary law is applicable in matters relating to the protection of personal data provided for in this decree-law, the provisions of the law of protection of personal data. Article 55 technical adaptations adaptations needed to comply with the technical requirements provided for in this law shall take place no later than two years after its entry into force.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 246/X 55 article 56 entry into force this law shall enter into force six months after the date of publication.

Seen and approved by the Council of Ministers of 11 December 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency