The approved text replaces the Government's proposal, having favourable votes of the PSD, CDS-PP and Chega.
The visualization and processing of data by the security forces by an analytical management system, capture of biometric data, the use of cameras in 'drones' and in maritime and river surveillance by police officers are left out of the new text. These proposals were in the diploma presented by the Government.
The text regulates the use and access by security forces and services and by the National Emergency and Civil Protection Authority to video surveillance systems for capturing, recording and processing image and sound.
According to the document, the use of 'bodycams', "for the purpose of recording the individual intervention of an agent of the security forces in a police action depends on the authorisation of the member of the Government responsible for the security force".
The proposal indicates that the 'bodycams' must be placed "visibly, on the uniform or equipment", being provided with signs indicating their purpose", and the capture and recording of images and sound can only "occur in case of intervention element of the security forces, namely when the occurrence of a criminal offense, dangerous situation, emergency or change of public order is at stake, and the beginning of the recording must be preceded by a clearly perceptible warning, whenever the nature of the service and the circumstances allow it.”
The capture and recording of images is mandatory when public force is used on any citizen or the use of any coercive means, especially firearms, being prohibited "the permanent or indiscriminate recording of facts that have no evidential relevance", according to with the proposal.
The characteristics and rules for the use of bodycam cameras, as well as the form of transmission, storage and access to collected data, will also be the object of a decree-law to be approved by the Minister of Internal Administration, contrary to the Government proposal that defended an ordinance.
The proposal also provides for the placement of video surveillance systems in police facilities serving the public.
In addition to bodycams, PSP and GNR elements can also start using video surveillance in traffic control operations on highways and in search and rescue operations.
The document also provides for the National Emergency and Civil Protection Authority to install a surveillance and detection system for rural fires.
From the opinions requested by the parliament, the National Data Protection Commission (CNPD) warned of the unconstitutionality of some rules in the Government's proposal on the use of video surveillance systems by the police, considering that it introduces a legal regime "very restrictive of fundamental rights".
The Public Ministry and the Bar Association also placed some reservations on the proposal, with the MP warning of the possibility of being considered unconstitutional.