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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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CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 246 /X

1

Exhibition of Motives

It is currently witnaturing growing performance with support in new technologies of

information. It is incircumvable to consider new technological means as a pathway

privileged to achieve the purposes of celerity, effectiveness and transparency in the provision of

services to citizens. And if this is a reality at the level of the provision of public services

in general, it becomes particularly necessary in a sector such as that of Justice, of which if

complains a more qualified response, capable of guaranteeing the effectiveness of rights and

duties and to function as a factor of economic and social development.

In this plan, it has been hiking to provide the judicial system with new tools

informatics that guarantee, on the one hand, an increased degree of electronic tramping of the

judicial processes and, on the other, the preservation, organization and handling of information

referring to these processes.

So, on the one hand, the present law proposal aims to make it known and to make more

transparent a set of rules in respect of preservation, organisation and treatment

data informatics referring to legal proceedings, which becomes advisable in a

moment in which it generalizes in all sectors and actors in the justice system

the use of informatics tools in support of their functions.

On the other hand, with this proposed law it aims to go further in the recourse to the means

technological in Justice. In effect, at a time when one is seen to be used each

more widespread of computer systems, it becomes necessary to give a new impetus

in the sense of the sharing and exchange of the constant information of such computer systems

by all the actors in legal proceedings, thus by viabilizing solutions more

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 246 /X

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integrated, capable of serving the Justice as a whole.

In concrete, the exchange of information between services and actors in processes

court justice reveals itself essential to meet the needs of the judicial system and so

provide a better service to citizens. They are to avoid partial or fragmentary solutions,

that only serve specific services, groups of determined actors or

concrete functionalities, as they avoid and hinder the sharing of information, the

simplification of procedures in the courts and the management of the judicial system.

An increased degree of sharing information and a growing use of solutions

shared import advantages that are passed on in the citizens and companies that are used

of the services of Justice, which it matters to refer to.

First of all, they are a precious tool to provide aggregated information from

management for the system of justice, necessary for an increased level of effectiveness, efficiency and

rationality in the management of public goods and resources.

With an increased degree of shared solutions, a more complete one

monitoring and permanent management of the demand and supply of the judicial system, with a view to

a more effective and timely management of available means. In addition, they provide the

information necessary for the conduct of surveys, inspections and syndications to services

judicial and the Public Prosecutor's Office.

Second, a more demanding level of sharing information and platforms

applicational is a factor of procedural simplification. The processes go on to be

tramways more simply and with an increased level of dematerialization, with

aid of the simplified workflows that new technologies allow and with

increased updating of the information to them concerning.

Third, a deeper level of sharing of information and solutions

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 246 /X

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shared introduces more transparency, as the publicly available information stands

more aggregated and, consequently, more easily accessible to citizens and businesses, the

that it is indispensable to increment the trust of these in the judicial system.

Fourthly, the use of shared solutions potency the adoption of common rules

of safety, more demanding than those that it is possible to create, audit and comply in a scenario

of multiple fragmentary and specific applicational tools created in the optics of serving

only a given agent, a given functionality or a given system of the system.

Fifth, in the specific field of criminal research, a greater degree of sharing

of information through technological means allows for a more efficient realization of the

criminal policy objectives, specifically to ensure the execution of the orders of

national, European and international detention.

Finally, the use of shared solutions potency the economics of means and resources

in the judicial system, avoiding specific solutions and with difficulties of compatibility,

often unnecessary cost generators and with injury to the efficiency of the system,

that they are to avoid in the framework of the good management of public resources.

To create increased degrees of sharing of information by technological and use means

of shared computer solutions, it becomes therefore necessary to clearly identify the

data that may be the subject of collection, define the entities responsible for the processing

of the data and the development of the informatics applications, establish the conditions of

access and protection of the data, determine the situations in which the exchange is admitted

of data with other systems and ensure increased conditions of safety as far as it is concerned

to the conservation and access to the data collected, including from the physical infrastructure of

support for such operations.

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 246 /X

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Thus, this is the purpose of this proposed law: to establish clear, precise rules and

transparent that allow to walk towards more shared solutions, with more

information and increased levels of security.

Some aspects of this bill deserve special reference. With effect, the volume

of the information in question makes it necessary to establish specific and transparent rules

as to accountability for that information, as well as special restrictions and measures

of security to be observed in the matter of storage, access and handling of information

that it matters to mention.

Thus, first of all, the present proposed law expressly defines the entities

responsible for the processing of the data, ascribe that responsibility, depending on the

categories concerned, to the Superior Council of the Magistrature, to the Superior Council of the

Administrative and Fiscal Courts and the Attorney General of the Republic. While

entities responsible for the processing of the data, to them will be to ensure the legality of the

consultation or communication of the information and ensure compliance with the measures

necessary for the security and handling of information, as well as the electronic file.

However, it does not fail to take into account that the data in question has a shared nature by

respect a same procedural reality, which would make it overly complex and

until unviable to its rigid and absolute separation in watertight areas of responsibility.

Consequently, it is determined that the competences of the entities responsible for the

treatment of data are necessarily exercised in a joint and coordinated manner

through a Commission for the Coordination of Treatment and Administration of

Data, to which is integrated by a representative designated by each of these entities,

as well as by a representative of the Institute of Information Technologies in Justice,

I.P., and a representative of the Directorate General of the Administration of Justice. The participation

of these last two entities are grounded in the roles they assume respectively

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as the entity responsible for the applicational development and as entity with

skills in the management and administration of justice officials.

Second, it is clarified that the function of the Ministry of Justice is not to manage the

data, but rather ensure development and make available the applicational tools

and the computer infrastructure that supports the plotting of the processes and the judicial system.

Third, it expressly safeguards the principle of the innocence of defendants in

criminal proceedings, predicting that, in the situations of access to data relating to an accused

in criminal proceedings that have not been condemned, the first visible information is the

indication, depending on the cases, of your non-conviction or of your acquittion.

Fourth, it elenates taxactively who can access the data. In that cast are

included judicial magistrates and the Public Prosecutor's Office, the officials of justice who the

coadjuvam, the magistrates of the Public Prosecutor's Office with directing skills,

coordination and surveillance of the activity of the departments and of the magistrates of the Ministry

Public, the parties to the proceedings and their defenders, lawyers and the mandators, the

judicial inspectors and Inspection Secretaries of the Superior Council of Magistrature and the

inspectors of the Superior Council of Administrative and Fiscal Tribunals, of the Inspectorate of the

Prosecutor's Office and the Council of the Officers of Justice.

Fifthly, different levels of access to data are established depending on the

entities concerned, so that each only aceda only to the information necessary to the

exercise of your assignments and competences.

Sixth, it is determined that safety measures should be created that guarantee the

consultation only on the part of the legally anticipated users. Likewise, it must be

ensure, in particular, the registration of the identification of users and data

consulted, as well as of the start and end date and end of access to the system and operations

performed.

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Seventh, it is expressly acknowledged to the holder of the data the right to request the

knowledge of the contents of the records that respect you, as well as to demand the

updating and correction of them.

In 8th place, in such a way as to avoid access, reading, copying, deletion or alteration

unauthorised data, this proposed law provides that they are the subject of control

the entry into the premises used for the processing of the data, the supports used, the

consultation of the data, the insertion, alteration and realization of operations on the data, the

automated data processing systems, the transmission of data and the transport of

data supports.

In ninth place, with a view to the safety and preservation of information, it is anticipated that if

carry out, in a periodic manner, copies of security of that information.

In tenth place, it is established that the data will only be accessible by the period of

time required for the pursuit of the purposes to which they are intended, after which the data must

be archived electronically. Electronic filing implies the sealing of access

to the data, but it does not fail to take into account the need for access by the magistrates and

officers of justice for the exercise of the competences that the law assigns to them, as well as

by other persons, in the terms permitted by law.

In the eleventh place, they are expressly conferred on the National Commission of

Data Protection conditions to perform its control functions and

monitoring of compliance with the legal discipline in respect of personal data.

Finally, a specific sanctionatory framework is established, intended to act in the face of

situations of violation of the legally consecrated rules and obligations.

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Proposed Law No. 246 /X

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The Superior Council of the Magistrature, the Superior Council of the Courts, were heard

Administrative and Fiscal, the Higher Council of the Public Prosecutor's Office and the Commission

National Data Protection.

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:

CHAPTER I

General arrangement

Article 1.

Subject

This Law establishes the legal regime applicable to the processing of data concerning the

judicial system, adopting rules on:

a) Collection of the data necessary for the exercise of the skills of magistrates and

of the officials of justice, as well as to the exercise of the rights of the rest

actors in the jurisdictional processes and the competence of the Public Prosecutor's Office;

b) Registration of the data referred to in the preceding paragraph;

c) The entities responsible for the processing of the data referred to in para. a ) and by the

applicational development;

d) Protection, consultation and access to the data referred to in para. a) ;

e) Exchange of the data referred to in para. a );

f) Conservation, archiving and deletion of the data referred to in para. a) ;

g) Conditions of security of the data referred to in para. a );

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h) Use of data for the purpose of statistical processing; and

i) Sanctions applicable to the failure to comply with the provisions of this Law.

Article 2.

Quality of data and principles of treatment

1-The data collected pursuant to this Law shall be accurate and current, as well as

appropriate, relevant and not excessive in respect of the determining purpose of its

collection and subsequent treatment, and should not be treated for amusing purpose

incompatible with the one for which they were collected.

2-The processing of data under this Act shall be processed in accordance with the

principles of licitude, good faith and proportionality, limiting itself to the necessary for the

exercise of the competences of whom he / she carries out and respecting always the regimes of the

secret of justice and the secret of state.

3-Without prejudice to the right of complaint to the National Protection Commission

of Data, is vetted to the holder of the data as opposed to his treatment, when this se

carry out in the conditions and terms provided for in this Law.

CHAPTER II

Collection of data

Section I

Purpose, purposes and forms of collection

Article 3.

Data

They may be the subject of collection of the data concerning:

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Proposed Law No. 246 /X

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a) To proceedings in the judicial courts;

b) To proceedings in the administrative and tax courts;

c) To investigations in criminal proceedings;

d) To the other processes of the Public Prosecutor's competence;

e) To the procedural connection in the criminal proceedings;

f) To the provisional suspension of the criminal procedure and to the filing in case of dispensation

of pity;

g) To the deprivative coaction measures of freedom and detention;

h) To the detention orders.

Article 4.

Purposes of the collection of the data

The collection of the data referred to in the preceding article has the following purposes:

a) Organize, standardize and keep up-to-date all the constant information of the

jurisdictional processes and the jurisdiction of the Public Prosecutor's Office;

b) Preserve all the constant information of the jurisdictional and the

jurisdiction of the Public Prosecutor's Office, specifically, of the information relating to

all those intervening in them;

c) Allow the electronic tramping of the jurisdictional processes and the competence of the

Prosecutor's Office;

d) To provide, to the various procedural actors, the information to which the

They may access, under the law;

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e) Ensuring the carrying out of research and prosecution, under the Constitution

and of the law, as well as compliance with criminal policy laws;

f) Ensuring compliance by the judicial authorities of the obligations of

emerging international judicial cooperation of law and the instruments of law

International and the European Union;

g) To provide the criminal police bodies with the data necessary to comply with the

data exchange obligations and information for prevention and combat of the

emerging crime from the law and the instruments of International Law and the

European Union;

h) Ensure the implementation of national, European and international detention orders;

i) To provide, to the competent bodies and agents, the information necessary for the financial year

of the skills of steering, coordination and supervision of the activity of the

Prosecutor's Office, as well as the exercise of the remaining supervisory powers

the office of the Public Ministry;

j) To provide, to the competent bodies and agents, the information necessary for the assessment

of the professional merit of the magistrates and of the officials of justice;

l) To provide, to the competent bodies and agents, the information necessary for the realization

of surveys, inspections and syndications to judicial services and the Ministry

Public;

m) To provide, to the competent bodies and agents, the information necessary to

pursuit of disciplinary action against magistrates and officials of justice;

n) To provide the data necessary for the drafting of the official statistics of Justice, with

safeguarding of statistical secrecy;

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o) To provide the data provided for in the preceding paragraph to the organs with competence of

management of the judicial system, with a view to monitoring the respective

functioning; and

p) Provide non-nominative data and management indicators to organs and entities

responsible for planning, monitoring and administration of affections resources

to the judicial system.

Article 5.

Forms of collection

1-The data referred to in Article 3 are collected by the following forms,

preferentially by electronic means:

a) Directly to the respective holders;

b) By the judicial authorities;

c) Along with the criminal police authorities or the criminal police bodies;

d) To the advocates, lawyers and the mandators;

e) To the natural persons who have accidental intervention in the process,

voluntary or provoked;

f) Together with other public or private entities;

g) By means of the documents, requirements and other expedient that give input into the

judicial services or the Public Prosecutor's Office;

h) Through access to constant data from other systems, as well as from the

reporting of data by these systems, pursuant to the law.

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2-To the collection of the data by the forms provided for in the preceding paragraph shall be applicable

in Article 10 of Law No. 67/98 of October 26 (the Personal Data Protection Act) in

proprietor information law matter.

3-Who intervenes in the proceedings is obliged, under the law, to provide and update

the data provided for in this Law that are of their knowledge.

4-The provisions of the preceding paragraph shall be without prejudice to the rules relating to the declarations of the

argued in criminal proceedings.

Section II

Categories of data

Article 6.

Data from proceedings in the judicial courts

The following categories of data pertaining to the processes can be collected in the

court courts:

a) Data from the magistrates to which the process is distributed and the

officials of justice who co-adjude them;

b) Data from the magistrates and the officials of justice who have declared themselves or

have been declared impeded, refused or escussed;

c) Data for identification and contact of the parties, main and ancillary, in process

civil and work;

d) Identification and contact details of the assistants, aggrieved, offended, civil parties,

complainants and victims, in criminal proceedings;

e) Data for identification and contact of defendants and authorities resorted to, in

counterordinate process;

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f) Data for identification and contact of witnesses;

g) Data for identification and contact of advocates, lawyers and mandators, well

as data necessary to the processing of the payment of fees to the

same;

h) Identification and contact details of experts, technical advisors and advisors

technicians as well as data necessary to the processing of the payment of

honorariums to the same;

i) Identification and contact details of the provisional judicial administrators and the

insolvency administrators, as well as data required to the processing of the

payment of your remuneration and fees;

j) Data for identification, contact, location and procedural situation of the accused, in

criminal procedure;

l) Data from the tramway of the process.

Article 7.

Data from the processes in the administrative and tax courts

The following categories of data pertaining to the processes can be collected in the

administrative and tax courts:

a) Data from the magistrates to which the process is distributed and the

officials of justice who co-adjude them;

b) Data from the magistrates and the officials of justice who have declared themselves or

have been declared impeded, refused or escussed;

c) Data for identification and contact of the parties, main and ancillary;

d) Data for identification and contact of witnesses;

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e) Data for identification and contact of the mandators, as well as data required

to the processing of the payment of fees to the same;

f) Identification and contact details of experts and technical advisors, as well as

data necessary to the processing of the payment of fees to the same;

g) Data from the tramway of the process.

Article 8.

Data from investigations in criminal proceedings

The following categories of data may be collected regarding the surveys in

criminal proceedings:

a) Data from the magistrates to which the process is distributed and the

officials of justice who co-adjude them;

b) Data from the magistrates and the officials of justice who have declared themselves or

have been declared impeded, refused or escussed;

c) Identification and contact details of the assistants, aggrieved, offended, civil parties,

complainants and victims;

d) Data for identification and contact of witnesses;

e) Data for identification and contact of advocates, lawyers and mandators, well

as data necessary to the processing of the payment of fees to the

same;

f) Identification and contact details of experts and technical consultants, well

as data necessary to the processing of the payment of fees to the

same;

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g) Data for identification, contact, location and procedural situation of the accused, of the

suspect and of the denounced; and

h) Data from the tramway of the process.

Article 9.

Data from the other processes of the Public Prosecutor's competence

The following categories of data may be collected referring to the remaining processes of the

competence of the prosecutor's office:

a) Data from the magistrates to which the process is distributed and the

officials of justice who co-adjude them;

b) Data from the magistrates and the officials of justice who have declared themselves or

have been declared impeded, refused or escussed;

c) Data for identification and contact of the parties, main and ancillary;

d) Data for identification and contact of witnesses;

e) Data for identification and contact of the mandators, as well as data required

to the processing of the payment of fees to the same;

f) Identification and contact details of the experts, as well as data required by

processing of the payment of fees to the same; and

g) Data from the tramway of the process.

Article 10.

Data from the procedural connection in the criminal proceedings

The following categories of data regarding the procedural connection may be collected in the

criminal proceedings:

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a) Name of the accused, suspect or denounced;

b) Number of tax identification and civilian or military identification number, national

or foreign of the accused, suspected or denounced;

c) Identification of the criminal proceedings that run against the accused, suspect or

denounced, through the respective number;

d) Types of imputed crime in each process;

e) Dates, places and characterization of facts, concerning each criminal case; and

f) Identification of the court or service of the Public Prosecutor's Office in which it runs each

criminal proceedings.

Article 11.

Data from the provisional suspension of the criminal procedure and archiving in the event of

dispensation of penalty

The following categories of data may be collected referring to the provisional suspension of the

criminal proceedings and the filing in case of a penalty dispensation:

a) Name of persons to which the suspension measures have already been applied

provisional of the criminal procedure or archiving in case of a penalty dispensation;

b) Number of tax identification of the persons referred to in the previous point and number of

civilian or military identification, national or foreign;

c) Membership, country of naturalness, nationality, date of birth, sex, domicile and

marital status of the persons referred to in para. a );

d) Previous convictions, with the identification of the type of crime to which they respect, of the

court and of the proceedings in which they were rendered and of the date on which they were rendered;

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e) Provisional suspension measures of the criminal procedure and archiving in the event of

penalty waiver applied to the persons referred to in paragraph a ), with the identification of the

process and the court in which they were applied, of the type of crime to which they respect,

of the date and of the procedural phase in which it was decided upon and, in the case of

provisional suspension measure of the criminal procedure, injunctions or rules of

applied conduct; and

f) In the case of the provisional suspension measures of the criminal procedure, the dates of its

beginning and term, as well as the indication of the filing or reopening of the proceedings

after the end of the suspension.

Article 12.

Data from the deprivative coaction measures of freedom and detention

The following categories of data referring to the coaction measures may be collected

deprivation of liberty and detention:

a) Name of persons who have already suffered deprivative coating measures from the

freedom or detentions;

b) Number of tax identification of the persons referred to in the previous point and number of

civilian or military identification, national or foreign;

c) Deprivative coaction measures of the freedom and detentions suffered, with identification

of the respective starting dates, suspension and end, of the court and the process to the order

of which they were enacted, of the types of imputed crime, of the date of practice of the

facts, as well as the state of the procedure and the date of the final decision, if any;

d) Identification of the court and the process to the order of which the persons referred to

point ( a) find themselves detained or arrested.

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Article 13.

Data from detention orders

The following categories of data referring to the detention orders may be collected:

a) Name of the person wanted;

b) Wedges;

c) Number of civil or military identification, national or foreign;

d) Tax identification number;

e) Image of the wanted person;

f) Previous convictions and their crimes;

g) Nationality;

h) Known domiciles;

i) Telephone;

j) Cellular;

l) Fax;

m) E-mail address;

n) Designation, address, telephone, fax and e-mail address of the authority

judicial officer or the criminal police authority that issued the detention order;

o) Organs or police entities for which the detention order has been circulated;

p) National, European or international nature of the order of detention;

q) Purpose of the order of detention;

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r) Indication of the existence of a sentence with executive force, of a warrant of

detention or of any other decision with the same executive force;

s) Nature and legal qualification of the offence;

t) Description of the circumstances in which the offence was committed, including the

moment, the place and the degree of participation in the offence of the person sought;

u) Penalty handed down, should it be a sentence carried forward on trial, or the measure of the

a intended penalty for such infringement; and

v) As far as possible, the other consequences of the offence.

Article 14.

Magistrates and officials of justice

Under the terms of the paragraph a) and b ) of articles 6, 7, 8 and 9, the following may be collected

categories of data referring to magistrates and officials of justice:

a) Name;

b) Mechanographic number;

c) Telephone of service;

d) Service mobile phone;

e) E-mail address of service; and

f) Professional category.

Article 15.

Other procedural subjects

Under the terms of the paragraph c) of Article 6, 7 and 9, of the e) of Article 6 and of the c) from the

Article 8, the following categories of data may be collected,

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respectively, to the parties, the defendants and the authorities resorted to in proceedings against-

ordering, as well as to the assistants, injured, offended, civil parties, complainants and

victims:

a) Name, firm or designation;

b) Number of tax identification and civilian or military identification number, national

or foreign;

c) Domicile, with indication of the municipality and the freguesia, or of the postal code, in the

case of location in Portugal, or of the State, in the case of location in the

foreign;

d) Telephone;

e) Cellular;

f) Fax;

g) E-mail address; and

h) Identification of the lawyer.

Article 16.

Witnesses

Under the terms of the paragraph f) of Article 6 and of the d) of Articles 7, 8 and 9, may be

collected the following categories of data referring to the witnesses:

a) Name;

b) Number of tax identification and civilian or military identification number, national

or foreign;

c) Date of birth;

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d) In the case of dealing with minor, identification of the legal representative;

e) Household;

f) Telephone;

g) Cellular;

h) Fax;

i) Identification of the subject or procedural subject that indicated them; and

j) Identification of the lawyer.

Article 17.

Defenders, lawyers and mandators

Under the terms of the paragraph g) of Article 6 and of the e) of Articles 7, 8 and 9, may be

collected the following categories of data referring to advocates, lawyers and

mandators:

a) Name;

b) Tax identification number;

c) Bank identification number;

d) Number of the professional ballot;

e) Professional domicile;

f) Telephone of service;

g) Service mobile phone;

h) Telecopy of service;

i) E-mail address of service;

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j) Indication of professional quality, as a lawyer, trainee lawyer,

solicitor, trainee solicitor, application solicitor, or execution agent;

l) Identification of the procedural intervener it represents.

Article 18.

Experts, technical advisors, technical advisors, judicial administrators

provisional and insolvency administrators

In the terms of the points h) and i) of Article 6 and of the f) of Articles 7, 8 and 9, may be

collected the following categories of data referring to the experts, technical consultants,

technical advisors, interim court administrators and insolvency administrators:

a) Name;

b) Number of tax identification and civilian or military identification number, national

or foreign;

c) Professional domicile;

d) Telephone;

e) Cellular;

f) Fax; and

g) E-mail address.

Article 19.

Defendants in criminal proceedings

Under the terms of the paragraph j) of Article 6 and of the g) of Article 8, may be collected as

following categories of data referring to the accused in criminal proceedings:

a) Name, firm or designation;

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b) Wedges;

c) In the case of natural persons, civil identification number or, should this not

exists or is not known, passport number or other document of

identification, civil or military;

d) Tax identification number;

e) Domiciles, personal and professional, with an indication of the municipality and the freguesia, or

of the postal code, in the case of location in Portugal, or of the State, in the case of

location abroad;

f) Telephone;

g) Cellular;

h) Fax;

i) E-mail address;

j) Bank identification number;

l) In the case of natural persons, profession and habilitation;

m) In the case of legal persons, legal nature and economic activity;

n) Types of imputed crime;

o) In the case of natural persons, their relationship with the victim;

p) Criminal background and indicator of recidivism;

q) Periods of detention, with the indication of the respective dates and times of start and end;

r) Coating and balance sheet measures applied, with the indication of the

respective dates of start-up, suspension and end;

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s) In the case of application of the preventive arrest or obligation measures of

stay in housing, indication of the place of execution of the measure;

t) An indication of the court and the case, in national or foreign territory, to the order

of which you find yourself arrested;

u) Indication of the declaration of contumacy, with indication of the start and end dates

of this;

v) Type of final decision handed down in inquiry and respective date;

x) Final decision;

z) Date of transit on trial of the final decision;

aa) In the case of final sentencing decision, indication of the same being, or not, result

of a build-up;

bb) In the case of final sentencing decision, indication of the same being, or not, result

of a build-up;

cc) In the case of final sentencing decision in fine, the number of days of fine and the

amount of the fine;

dd) In case of final sentencing decision in prison, periods of duration of imprisonment

effective or replaced;

ee) Extinction of the criminal procedure, in respect of each of the crimes

imputed; and

ff) Identification of the defender.

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Article 20.

Tramping of the process

1-Under the terms of the l ) of Art. 6 (6) g) of Art. 7 (7) h) of Article 8 para.

and of the point g) of Article 9, may be collected, in particular, the following categories

of data regarding the tramping of the process:

a) Jurisdiction;

b) Number of the process;

c) Court or service of the Public Prosecutor's Office where the proceedings are running;

d) Species of the process;

e) Species of the process in the distribution;

f) Form of the process;

g) Object of the procedure;

h) Formation of the court;

i) Type of final decision;

j) Form of the final decision;

l) Timing of the final decision;

m) Indication of the circumstance of dealing with an apensed process as well as of the

existence of apenous processes;

n) Indication of the existence of embedded processes as well as of incorporation

other processes;

o) An indication of the circumstance of the occurrence, or not, of judicial support and the respective

modality;

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p) Indication of the occurrence of suspensions, their dates of start and end and reason

legally provided for them;

q) The judgments, the minutes, the joints, the autos, the letters, the decisions, the dispatches,

the warrants, the memorials, the opinions, the resources, the reports, the

requirements, affidavits, sentences and the other acts, procedural or

others, practiced in the process, or the respective reduction in writing, as well as the

magnetofonic and audiovisual recordings and the remaining pieces and written documents,

presented in the process, and the respective dates; and

r) The notifications and citations, the indication of the respective success or unsuccessful, well

as the dates in which, in case of success, the same ones consider themselves to be held.

2-In addition to those provided for in the preceding paragraph, they may still be collected,

inter alia, the following categories of data concerning the tramping of the civil procedure

and of the work process:

a) Dates and places of the facts;

b) Orders and their values; and

c) Causes of ordering.

3-In addition to those provided for in paragraph 1, they may still be collected, in particular, the

following categories of data referring to the stepping up of executive action:

a) Type of executive title;

b) Type of good;

c) Value of the assessment of good;

d) Date of the penhour of good;

e) Value of the sale of the good;

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f) Date of the sale of the good;

g) Agent of execution; and

h) Result of the process.

4-In addition to those provided for in paragraph 1, the categories of data relating to the tramway of the

bankruptcy proceedings, insolvency or recovery of companies include, in particular, the

data from the indication of the existence, or not, of an insolvency plan and, where applicable,

mention of the fact that it is a secondary insolvency proceeding under the terms of the

in accordance with Article 3 (2) and (27) and Article 27 of Regulation (EC) No 1346/2000,

of the Council of May 29, 2000.

5-In addition to those provided for in paragraph 1, they may still be collected, in particular, the

following categories of data referring to the tramping of educational tutelary processes or

of promotion and protection:

a) Place, date and legal classification of facts;

b) Tutelary measures applied; and

c) Forms of application and review of measures.

6-In addition to those provided for in paragraph 1, they may still be collected, in particular, the

following categories of data referring to the tramping of the processes in which they are discussed

accidents at work:

a) Date of the accident;

b) Place where the accident occurred, with the indication of the respective freesthesia;

c) Result of the accident at work and disability resulting from the accident; and

d) Value of claims and pensions awarded.

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7-In addition to those provided for in paragraph 1, the categories of data relating to the tramway of the

processes in which claims are claimed include, specifically, the value of the credits

claimants.

8-In addition to those provided for in paragraph 1, they may still be collected, in particular, the

following categories of data referring to the prosecution of the criminal procedure:

a) Types of crime and characterization of facts;

b) Classification of crimes in accordance with the provision in the criminal policy law;

c) Dates and places of the facts;

d) Probable date of the prescription;

e) Data regarding the application of interception measures and recording of talks

or communications and of obtaining and joining the autos of data about the location

cellular or record-keeping of the holding of talks or communications.

9-In addition to those provided for in paragraph 1, they may still be collected, in particular, the

following categories of data regarding the tramping of the counterordinational process:

a) Type of counter-ordering; and

b) Dates and places of the facts.

CHAPTER III

Responsibility for the treatment of data and for applicational development

Article 21.

Responsible entities

1-The Superior Council of Magistrature is the responsible for the processing of the data

provided for in paragraph a), e), g) and h) of Article 3.

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2-The Superior Council of Administrative and Fiscal Tribunals is the responsible for the

processing of the data provided for in the paragraph b) of Article 3.

3-A Attorney General of the Republic is the responsible for the processing of the data

provided for in points c) , d) and f) of Article 3.

4-Compete to those responsible for data processing:

a) Ensure the legality of the consultation and the communication of the information;

b) Ensure the fulfillment of measures necessary for the security of information and

data treatments;

c) Ensure compliance with the access and security rules regarding the file

electronic.

5-For the exercise of the powers provided for in the preceding paragraph, each responsible for the

data processing assigns a representative with competence and technical expertise in

systems administration matter for the Commission for the Coordination of Treatment

and of the Data Administration provided for in the following article, which has full access to the

facilities and physical infrastructure supporting data processing, as well as the

data collected pursuant to this Law, without prejudice to the regimes of the secret of

justice and the secret of state.

6-Are assured by the magistrates with jurisdiction over the respective process, in the

terms of the law:

a) The right of information and the conditions of access to data by the respective holder;

b) The updating of the data as well as the correction of those that are inaccurate, the

fulfillment of the total or partially missing and the deletion of the unduly

registered.

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Article 22.

Commission for the Coordination of Treatment and Data Administration

1-The competences of the entities responsible for the processing of data are exerted from

Coordinated form, through a Commission for the Coordination of Treatment and the

Data Administration, to which is integrated by a representative assigned by each

of these entities pursuant to paragraph 5 of the preceding Article.

2-A The Commission referred to in the preceding paragraph is further integrated by:

a) A representative appointed by the Institute of Information Technologies in the

Justice, I.P., (ITIJ, IP), as the entity responsible for development

applicational;

b) A representative appointed by the Directorate General of the Administration of Justice

(DGAJ), as an entity with skills in management and

administration of the officials of justice.

3-The representatives referred to in the previous figures are persons with competence and

technical expertise in systems administration.

4-Compete to the Commission for the Coordination of Treatment and Administration of

Data:

a) Ensuring the coordinated exercise of the competencies of those responsible for the

treatment of data;

b) To promote and follow up on security audits of the system;

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c) Define guidelines and recommendations in relation to safety requirements of the

system, taking particular account of priorities in regard to

applicational development, the possibilities of technical implementation and the

available financial means;

d) Create and maintain an up-to-date record of the technicians who perform the operations

materials for processing and administration of the data.

Article 23.

Applicational development

The Ministry of Justice ensures, through ITIJ, IP, without prejudice to the regimes of the secret

of justice and the secrecy of state, the development of computer applications

necessary to the tramping of the processes and the management of the jurisdictional system, including the

required analysis, implementation and support.

CHAPTER IV

Protection, consultation and access to data

Article 24.

Protection of data consulted

1-A consultation of data under this Law takes place according to the principles

of the processing of data referred to in Article 2 (2).

2-It is guaranteed, specifically, that:

a) The consultation of the data covered by the secret of justice or the secret of

State takes place under the legislation governing the respective schemes;

b) The constant data of documents that find themselves in working version

only be able to be consulted and amended by its author;

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c) The constant data of documents that find themselves in final version no

can be changed.

Article 25.

Innocence of defendants in criminal proceedings

Where it is accepted to the data relating to an accused in criminal proceedings that there is no

doomed, that must be the first visible information.

Article 26.

Consultation by users

1-Without prejudice to the regimes of the secret of justice and state secret, they have access to the

data referred to in Article 3, in the terms set out in this Law:

a) The magistrates and the officials of justice who co-adjured them;

b) The parties, the accused, the assistant and the civil parties, as well as their defenders,

lawyers and too many mandators;

c) The magistrates of the Public Prosecutor's Office with directing skills, coordination

and supervision of the activity of the services of the Public Prosecutor;

d) The judicial inspectors and the inspection secretaries that integrate the services of

inspection of the Superior Council of Magistrature, as well as who, in the frame of the

Superior Council of the Magistrature, be entrusted, under the law, of the realization

of surveys or syndications;

e) The inspectors who integrate the inspection services of the Superior Council of the

Administrative and Fiscal Courts;

f) The inspectors and the inspection secretaries that integrate the Inspectorate of the

Prosecutor's Office; and

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g) The inspectors and the inspection secretaries of the inspection services of the

Board of Officers of Justice.

2-A consultation of the data is endowed with special security measures, which they guarantee,

specifically:

a) That only users referred to in the preceding paragraph may consult the

data;

b) That the level of consultation of the data, on the part of each user, is strictly

limited to what is necessary for the exercise of their competences;

c) That the consultation of the data takes place only through computer application

specific, upon authentication of the user;

d) That electronically be recorded the data queries, pursuant to the

present of the law.

3-The electronic record referred to in para. d ) of the previous number contains the following

information:

a) The identity and category of the user who consults the data;

b) The date and time of the start and end of the data consultation by each user;

c) The identification of the data consulted;

d) The operations carried out by each user in each query of the data,

specifically system administration and addition operations, amendment,

deletion or archiving of the data contained therein.

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Article 27.

Consultation by the magistrates and officials of justice

1-The magistrates and the officials of justice who coadjuts them may consult:

a) The data of proceedings in the judicial courts and administrative tribunals and

tax purposes that are within their competence;

b) The data of the procedural connection in the criminal proceedings relating to criminal proceedings

whose defendants are the same as in proceedings that are in their competence, having

in view of the verification of the fulfillment of the assumptions of the procedural connection;

c) The data of the provisional suspension of the criminal procedure and the archiving in case

of penalty dispensation relating to those who are argued in proceedings that are from their

competence, with a view to verifying the fulfillment of the assumptions of

application of those measures;

d) The data of the deprivative coaction measures of freedom and detention concerning

who is argued in proceedings that are within their competence;

e) The data of the detention orders relating to persons who intervene in

processes that are in their competence;

f) The data referred to in para. and ) of Article 20 (8) relating to persons who

intervene in processes that are within their competence and to which they may be

applied, in the terms of the law, the measures mentioned therein.

2-The magistrates of the Public Prosecutor's Office and the officials of justice who co-adjuts them

you can consult the data of the investigations in criminal proceedings and the other proceedings of the

jurisdiction of the Public Prosecutor's Office, relating to proceedings that are within its competence.

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3-The judges of instruction and the officials of justice who the coadjuvam may consult

the data of investigations in criminal proceedings, relating to processes that are from your

competence, when such data is necessary for the exercise of the competences that

they fit you, under the law, during the enquiry.

4-Magistrates and officials of justice cannot access the proceedings:

a) Who refer to crimes practiced by that magistrate or employee of

justice or in which the same is offended, person with faculty to se

constitute an assistant or civil party;

b) In which such a magistrate or a bail-out officer has declared himself or

has been declared unimpeded, refused or escussed.

Article 28.

Consultation by the parties, defendants, assistant, civil parties, advocates, lawyers and

too many mandators

Without prejudice to the legal regimes of the secret of justice and secrecy of state, the parties,

the accused, the assistant and the civil parties, as well as their defenders, lawyers and too much

mandators, they may consult the following data, relating to their respective processes:

a) The data provided for in the paragraph a) of Article 14;

b) The data provided for in points a) and h) of Article 15;

c) The data provided for in points a) and j) of Article 16;

d) The data provided for in points a) and e) a i) of Article 17;

e) The data provided for in the paragraph a) of Article 18;

f) The data provided for in Article 19, in the case of the defender, or in the paragraphs a) and f) from the

same article, in the remaining cases; and

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g) The data provided for in Article 20, with the exception of those referred to in para. and ) of paragraph 8,

that they may only consult in so far as, under the law, they may

consult the autos in which the same are to be inauthentic.

Article 29.

Steering, coordination and surveillance of the activity of the Public Prosecutor's Office

1-In view of the exercise of the steering, coordination and surveillance skills of the

activity of the services and magistrates of the Public Prosecutor's Office:

a) The Attorney General of the Republic can consult the data of the proceedings in the

judicial tribunals, the data of the proceedings in the administrative and tax courts, the

data from the investigations in criminal proceedings and the data of the other processes of the

jurisdiction of the Public Prosecutor's Office, relating to any processes;

b) The Deputy Attorney General who heads the Central Bureau of Research and

Criminal Action may consult the data of criminal proceedings in the judicial courts,

as well as data from investigations in criminal proceedings, relating to proceedings that

run in the respective Department;

c) The district attorney general can consult the data of the proceedings in the courts

judicial, the data of the investigations in criminal proceedings and the data of the rest

processes of the jurisdiction of the Public Ministry, concerning the processes that

run in the respective judicial district;

d) The Assistant Attorneys General who represent the Public Prosecutor's Office

administrative central courts can consult the data of the proceedings in the

administrative and tax courts, relating to the processes that run in the

respective courts, as well as in the administrative courts of circle and in the

tax courts located in the respective area of jurisdiction;

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e) The Deputy Attorney General or the Attorney of the Republic directing a

Department of Research and Criminal Action may consult the data of the

prosecutions in the judicial courts, as well as the data of the inquiry in

criminal proceedings, relating to the processes that run in the respective Department;

f) The Assistant Attorneys General who direct a Republic Attorney's Office and,

when there are, the Prosecutors of the coordinating Republic or with functions

coordination-specific, can consult the data of the proceedings in the courts

judicial and the data of investigations in criminal proceedings, relating respectively to

to the proceedings assigned to the respective procuratorate of the Republic and to the processes in

relation to which they have coordination functions; and

g) The Prosecutors of the Republic representing the State in the courts

circle administrative and in the tax courts and that in them have functions of

coordination may consult the data of the proceedings in the administrative courts

and tax allotted to magistrates of the Public Prosecutor's Office who exercise duties in the

same court.

2-In view of the exercise of the steering, coordination and surveillance skills of the

activity of the services and magistrates of the Public Prosecutor's Office:

a) The magistrates of the prosecutor's office referred to in the preceding paragraph may, as yet,

consult the data of detention orders relating to persons intervening

in processes that are distributed to magistrates subject to their competencies of

steering, coordination and surveillance; and

b) The magistrates of the prosecutor's office referred to in points a ) a c), e) and f) of the number

previous can, still, consult:

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i) The data of the procedural connection in the criminal proceedings relating to the proceedings

criminal whose defendants are the same as in proceedings distributed to magistrates

subject to their steering, coordination and surveillance skills; and

ii) The data of the provisional suspension of the criminal procedure and the archiving in case

of a penalty dispensation relating to defendants in criminal proceedings distributed to

magistrates subject to their manageabilities, coordination and supervision;

iii) The data of the deprivative coaction measures of freedom and detention

relating to defendants in criminal proceedings distributed to magistrates subject to the

your steering, coordination and surveillance skills.

iv) The data referred to in para. and ) of Art. 20 (8) relating to persons who

intervene in processes distributed to magistrates subject to their

steering, coordination and surveillance skills, and to which they may be

applied, in the terms of the law, the measures mentioned therein.

3-Except for the provisions of the preceding paragraphs the data relating to processes

to refer to crimes practiced by the magistrate of the prosecutor's office concerned or in

that the same is offended, person with faculty to constitute an assistant or part

civil, nor to those in which it occurs cause of hindrance, refusal or escuses.

4-A consultation carried out in the terms of the previous figures, when respect to data

covered by the secret of justice or the secret of the State, is grounded through

electronic means, summoning themselves succinctly the reasons that justify it.

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Article 30.

Status of services, assessment of merit, disciplinary action, inspections,

surveys and syndications

1-In view of the exercise of the powers, provided for in the law, concerning the

knowledge of the situation of services, the collection of elements for appreciation of merit

professional, the instruction of disciplinary proceedings or the carrying out of inspections,

extraordinary inspections, surveys or syndications, and in the strict measure required of that

exercise, may consult the data provided for in Article 20:

a) Judicial inspectors and inspection secretaries who co-adjude them as well as

who, in the framework of the Superior Council of Magistrature, is entrusted, in the

terms of the law, the carrying out of surveys or syndications;

b) The inspectors to the Higher Council of Administrative Courts and

Fiscal;

c) The inspectors integrated into the Inspectorate of the Public Prosecutor's Office and the Secretaries of

inspection that co-adjuvates them; and

d) The inspectors of the inspection services of the Council of Officers of Justice and the

secretaries of inspection that co-adjude them.

2-For the purposes of this diploma, it shall be deemed strictly necessary for the financial year

of the powers, provided for in the law, referred to in the preceding paragraph:

a) In the cases of knowledge of the situation of services and the conduct of inspections,

extraordinary inspections, surveys or unionances, the consultation of the data

provided for in Article 20 relating to proceedings that run in the services

object of these skills that the user of the system is entrusted with;

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b) In the case of the assessment of professional merit, the consultation of the data provided for in the

article 20 relating to proceedings distributed to the persons subject to the collection of

information regarding the professional merit that the user of the system is

entrusted; and

c) In the case of the instruction of disciplinary proceedings, the consultation of the data provided for in the

article 20 relating to proceedings distributed to the defendants in proceedings

disciplars of whose instruction the user of the system is entrusted and that with the

subject matter of this procedure are related.

4-A consultation carried out in the terms of the previous figures, when respect to data

covered by the secret of justice or the secret of the State, is grounded through

electronic means, summoning themselves succinctly the reasons that justify it.

Article 31.

Examination and consultation of autos and obtaining copies or certificates

The provisions of Articles 26 to 30 shall be without prejudice to the rights of examination and consultation of autos and

of obtaining copies, extracts or certificates, under the law, specifically by way of

electronics in the terms of porterie of the Government member responsible for the area of

Justice.

Article 32.

Access to data by the general public

The provisions of Articles 26 to 30 shall be without prejudice to the provision, on the website of the Internet

accessible to the public, from data not covered by the secret of justice or state, nos

terms of the law.

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Article 33.

Access to data by the holder

1-A any duly identified person and who solicit it in writing is recognized the

right to know the contents of the records of the data respecting it, without prejudice to the

regimes of the secret of justice and secrecy of state and of the provisions of Article 11 (2)

of the Personal Data Protection Act.

2-Without prejudice to the duty of provision of up-to-date data provided for in paragraph 2 of the

article 5, it is recognized, to any duly identified person and to request it by

written to the magistrate with jurisdiction over the respective process, concerning the

data respecting you, the right to obtain your update, as well as the correction of the

inaccurate data, the filling of the total or partially missing and the elimination of the

unduly registered, pursuant to subparagraph (d) of Article 11 (1) Law of Protection

of Personal Data.

3-The applications referred to in paragraph 1 and 2 may be carried out by electronic means, in the

terms of the porterie of the member of the Government responsible for the area of Justice.

CHAPTER V

Exchange of data with other systems

Article 34.

Communication of data with other systems

1-For the purposes provided for in the law, there may be data communication, by means

electronic, with the following systems:

a) Of the criminal police organs;

b) Of the Office of Foreign and Border;

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c) From the Food and Economic Safety Authority

d) From the National Road Safety Authority;

e) Of the organs and services of the local administration;

f) Of the services of the tax administration;

g) From the institutions of social security;

h) Of civil identification;

i) From the automotive register;

j) From the commercial register;

l) From the criminal record and contumacious;

m) From the national register of legal persons;

n) From the predial register;

o) Of prison services;

p) From social reinsertion;

q) Of the Order of Lawyers;

r) From the House of Solicitors; and

s) From the remaining entities collaborating with the justice system in the framework of

legal proceedings, specifically the providers of communications services

publicly available electronic or a public communications network and the

entities with competence for the realization of expertise, drafting of technical opinions-

scientific, elaboration of the social report and verification of compliance with injunctions,

substitutive penalties and ancillary sanctions.

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2-A communication of data to the criminal police bodies under the paragraph a ) from the

previous number includes, obligatorily, the final decision of the process, when this one has

place.

3-The data of the detention orders are communicated in an automatic manner to the Police

Judicial, the Military Judicial Police, the Public Security Police, the National Guard

Republican, the Service of Foreign and Border and the Maritime Police.

4-Whenever the technical conditions permit, the communication of data to the

magistrates and officials of justice who have been supporting them by the criminal police bodies and

by the remaining entities that collaborate with the justice system in the framework of research and

of the legal proceedings takes place by electronic means.

5-A communication of data pursuant to the preceding paragraph dispensing its submission in

physical support, without prejudice to the possibility of the competent magistrates for the

process to which they respect the determinate, when the same is necessary to ensure

the purpose for which the data were communicated.

Article 35.

Access to constant data from other systems

The magistrates and the officials of justice who coadjuts them can access the data

constants of the systems provided for in paragraph 1 of the preceding Article for the purpose of identification,

up-to-date location or contact, in conditions of safety, speed and effectiveness:

a ) From any actors in jurisdictional processes and the competence of the

Prosecutor's Office;

b ) Of the procedural situation of the defendants in criminal proceedings;

c ) Of goods.

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Article 36.

Other systems

The provisions of Articles 34 and 35 shall be without prejudice to the communication of data with others

systems, nor access to data from other systems, under the Protection of Rights Act.

Personal Data.

CHAPTER VI

Conservation, archiving and deletion of data

Article 37.

Conservation, archiving and deletion of data

1-The data referred to in Article 3 are only accessible while strictly

necessary for the purposes to which they are intended.

2-Data cease to be strictly necessary for the purposes to which they are intended, soon

that if you check the following two circumstances:

a) The processes to which the data respect are considered to be finite for the purpose of

file, in the terms of the law; and

b) Be assured of the use of the data for the purpose of elaboration of the

official statistics of Justice.

3-Data controller officers ensure that, verified the two

circumstances referred to in the previous number, the data will pass the file

electronic.

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4-A deletion of the electronically archived data according to the

provisions of the diplomas governing the archiving, the deadlines for conservation

administrative and the destruction of the lawsuits and court documents, with the necessary

adaptations.

Article 38.

Electronic file

1-The electronic filing of the data referred to in paragraph 3 of the preceding article implies the

sealing of access to the same, with the exception of the provisions of the following numbers.

2-Only they can access the data archived electronically:

a) The magistrates and officials of justice who coated them, to the extent of the

strictly necessary for the exercise of your legally foreseen competences

and with presentation of the reasons that substantiate the consultation;

b) The persons to whom the law confers a right of consultation to self or obtain

copy, extract or certificate of self or part of it, to the extent strictly

necessary for the purpose of the purpose which substantiates the consultation and without prejudice to the

regimes of the secret of justice and the secret of state.

3-The access referred to in para. b) of the preceding paragraph is required by the judicial authority

which has delivered the last decision in the process, with presentation of the reasons that

substantiate the request.

4-It is applicable to the electronic file the provisions of Article 25.

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CHAPTER VII

Security of data

Article 39.

Security measures

1-In view of the security of the data, they are the subject of control:

a) The entry into the premises used for the storage of data, in order to

prevent access to them by unauthorised persons;

b) The supports used, in order to prevent that they can be read, copied, changed

or withdrawn by unauthorized person;

c) The consultation of the data, in order to ensure that it is carried out only by persons

authorized and ensuing pursuant to this Act;

d) The insertion, alteration, elimination and realization of any other operation

on the data, in order to verify that operations were carried out, when and

by whom, and to prevent the introduction, as well as any outlet of

knowledge, amendment or unauthorized disposal of them;

e) The automated data processing systems, to prevent them from being able to

used by unauthorised persons, through treatment facilities of

data;

f) The transmission of data, to ensure that the sending of these, through facilities of

transmission of data, if bound to the authorized entities;

g) The transmission of data and the transport of data supports, to prevent the

data can be read, copied, altered or deleted in an unauthorized manner;

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h) The access to data from outside the physical facilities where they are located

stored, so as to ensure its safety.

2-The monitoring of the consultation of the data and of the operations carried out on the data, provided for

in the points c ) and d ) of the preceding paragraph shall be made by means of the electronic record referred to in para.

3 of Article 26, and such registration shall be periodically communicated to those responsible

by the processing of data, for the purposes of auditing the accesses.

3-For the purposes referred to in the preceding paragraph shall also be kept a record of the

access permissions assigned to each user, owing to the constant data of such

register be disposed of 10 years after the date of your registration.

4-In view of the safety and preservation of information, they are made, periodically,

copies of security of the same.

Article 40.

Professional secrecy

Who, in the performance of their duties, take notice of data referred to in Article 3,

whose knowledge by the public is not admitted by the law, is obliged to secrecy

professional, pursuant to Article 17 (1) and (4) of the Data Protection Act

Personal.

Article 41.

National Data Protection Commission

1-Those responsible for the processing of data, as well as the remaining entities that

they integrate the commission provided for in Article 22, they must notify the Commission immediately.

National Data Protection (CNPD), the identity and functions of representatives

designated in the terms of that article.

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2-In view of the pursuit of the allocation of monitoring and enforcement of compliance

of the personal data protection standards, officiously or in the sequence of complaint,

complaint or petition submitted to it, the CNPD may access the registration referred to in the para.

2 and 3 of Article 39.

3-The provisions of the preceding paragraphs shall be without prejudice to the exercise, by the CNPD, of the powers

and of the competences provided for in Articles 22 and 23 of the Personal Data Protection Act.

Article 42.

Safety of physical infrastructure

1-The Ministry of Justice ensures, through ITIJ, IP, that the physical infrastructures and the

transmission lines of support to the collection, recording and exchange of the data, as well as to the

electronic file, are kept in installations that guarantee the conditions of safety

suitable.

2-The appointed representatives, in accordance with Article 21 (5), by those responsible

by the processing of data, they may access the facilities referred to in the preceding paragraph.

CHAPTER VIII

Statistical data

Article 43.

Data for statistical purposes

1-Can be used for statistical purposes, in a non-nominative manner and with preservation

of statistical secrecy, the following categories of data:

a) Data relating to magistrates and officials of justice:

i) Sex; and

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ii) Professional category.

b) Data relating to advocates, lawyers and mandators:

i) Sex;

ii) Nationality, Portuguese or foreign; and

iii) Indication of whether to deal with lawyer, trainee lawyer, solicitor,

solicitor trainee, Public Prosecutor's Office or other.

c) Data relating to defendants in criminal proceedings and the defendants in proceedings against-

ordering:

i) Date of birth;

ii) Sex;

iii) Marital status;

iv) Nationality;

v) Naturalness, with indication of the municipality and the freguesia, in the case of

birth in Portugal, or of the State, in the case of birth in the

foreign;

vi) Degree of instruction;

vii) Condition in the face of work; and

viii) Profession.

d) Data relating to the assistants, to the injured, to the offending, to the parties, ` the parties

civilians, the complainants, the aggrieved, the witnesses and the victims:

i) Date of birth;

ii) Sex; and

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iii) Marital status.

e) Relation of the accused in criminal proceedings with the victim;

f) Data relating to legal persons who intervene in the processes, be that

title for:

i) Legal nature; and

ii) Code of Classification of Economic Activities.

g) Data relating to divorce proceedings:

i) Date of marriage;

ii) Number of previous marriages dissolved by divorce;

iii) Number of previous marriages dissolved by viuvez;

iv) Form of celebration of marriage;

v) Location of the family home house, with the appointment of the freguesia, in the

case of location in Portugal, or of the State, in the case of location in the

foreign;

vi) Fundamentals of divorce; and

vii) Dates of birth of the minor children.

2-The provisions of the preceding paragraph shall be without prejudice to the processing, with safeguard of the

statistical secrecy, of the other data provided for in this diploma, with a view to

elaboration of the official statistics of Justice.

3-The provisions of the e) of paragraph 1 implies, specifically, the identification of cases of

domestic violence and human trafficking.

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CHAPTER IX

Sanctions

Article 44.

Deviation of data

Who intentionally deviate any of the data provided for in this diploma is

punished with imprisonment up to two years or fine up to 240 days.

Article 45.

Use of data in a manner incompatible with the purpose of the collection

Who intentionally use any of the data provided for in this diploma, from

form incompatible with the determinants of the respective collection, it is punished with

imprisonment up to two years or fine up to 240 days.

Article 46.

Illegal interconnection of data

Who intentionally promote or carry out an illegal interconnection of any of the

data provided for in this diploma is punished with imprisonment up to two years or a fine of up to 240

days.

Article 47.

Undue access to data

1-Who, without the proper permission, by any means, to access any of the data

personnel provided for in this diploma, are punished with imprisonment up to one year or a fine of up to 120

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days.

2-A The penalty is aggravated to double its limits when access:

a) It is achieved by violating technical rules of security;

b) Has made it possible for the agent or third parties to knowledge of personal data; or

c) Have provided the agent or third party benefit of an equity advantage.

Article 48.

Addictions or destruction of results

1-Who, without the proper authorization, erase, destroy, damage, suppress or modify

any of the data provided for in this Diploma, making them unusable or affecting the

your ability to use, is punishable with imprisonment up to two years or fine up to 240 days.

2-A penalty is aggravated to double its limits if the damage produced is

particularly severe.

3-If the agent acts with negligence, the penalty is, in both cases, of imprisonment up to one year

or fine up to 120 days.

Article 49.

Violation of the duty of secrecy

1-Who, thank you to professional secrecy, under the law, without fair cause and without due

consent, disclose or disclose in whole or in part any of the data provided in the

present diploma is punished with imprisonment up to two years or fine up to 240 days.

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2-A The penalty is aggravated from half of its limits if the agent:

a) For public or equated civil servant, in the terms of the criminal law, lawyer, or

solicitor;

b) Is determined by the intention to gain any heritage advantage or other

illegitimate benefit; or

c) Puser in danger the reputation, honor and consideration or the intimacy of private life.

3-A negligence is punishable with imprisonment up to six months or fine up to 120 days.

Article 50.

Punishment of the attempt

In the crimes provided for in this chapter, the attempt is always punishable.

Article 51.

Incidental penalty

Jointly with the penalties provided for in this Chapter, they may be ordered the

ancillary sanctions provided for in Article 49 of the Personal Data Protection Act.

Article 52.

Applicability of other sanctionatory regimes

1-The provisions of this Title shall be without prejudice to the application of Articles 35 to 49 of the Law of the

Protection of Personal Data or the provisions of the Criminal Code, if of such an application

result, in concrete, a more serious sanction.

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2-The provisions of this Title shall be without prejudice to the application of the law on crime

informatics.

Article 53.

Civil and disciplinary liability

The provisions of this Title shall be without prejudice to the effectivation of civil liability or

discipline.

CHAPTER X

Final provisions

Article 54.

Subsidiary law

It shall be subsidally applicable, to the matters relating to the protection of personal data provided for

in the present diploma, the provisions of the Personal Data Protection Act.

Article 55.

Technical adaptations

The necessary adaptations to the fulfilment of the technical requirements laid down in this Law

are carried out within the maximum period of two years after their entry into force.

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Article 56.

Entry into force

This Law shall come into force six months after the date of publication.

Seen and approved in Council of Ministers of December 11, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs