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 Post subject: Vehicle dash cam
PostPosted: Mon Apr 10, 2017 4:30 pm 
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Joined: Thu Aug 27, 2009 3:06 pm
Posts: 3
Location: Ferreira do Zezere
I know you cannot use a dash cam in vehicle in Portugal unless permission is given by CNPD (Data Protection Agency), this being backed up by legislation. However, has anyone used a dash cam in Portugal and has a "close encounter" with the GNR. If so, what was the outcome. Having been driving hire cars in PT since 2009, I am getting rather hacked off with the crap driving of "locals".

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 Post subject: Re: Vehicle dash cam
PostPosted: Tue Apr 11, 2017 6:24 am 
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Joined: Fri Apr 16, 2010 9:57 pm
Posts: 2055
Location: Minho
I don't think you're correct, although I know that there is a lot of confusion about data protection laws and infringement of privacy through the use of images in Portugal.

You are allowed to photograph and to film in public spaces in Portugal and there's no law specifically prohibiting the use of dashcams. If you were to divulge images of a clearly identifiable person for the purpose of defaming them or for personal gain you could find yourself in trouble, though. And it's possible that in the event of a court case it might not serve as evidence.

But illegal to use? I'm pretty certain that's not the case.


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 Post subject: Re: Vehicle dash cam
PostPosted: Tue Apr 11, 2017 3:43 pm 
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Joined: Thu Aug 27, 2009 3:06 pm
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Location: Ferreira do Zezere
Thanks X Camone for your prompt reply and info.. My 'informant" mentions the CNPD (Date Protection Agency - PT Branch..), 192/199 of the Criminal Code and Articles 6 and 7 of the Data Protection Law. All said and done the law can be an a--- some of the time. Decisions, decisions. However, a more discreet way would be a smartphone phone with a dash cam app. Velly interesting.

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 Post subject: Re: Vehicle dash cam
PostPosted: Tue Apr 11, 2017 4:55 pm 
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Joined: Thu Dec 04, 2008 1:06 pm
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Location: Over the hill
X Camone wrote:
But illegal to use? I'm pretty certain that's not the case.


I would agree, personal video recording appears to be exempt.

Article 4(2) Decree Law 67/98;
This Act shall not apply to the processing of personal data carried out by a natural person in the course of a purely personal or household activity.

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 Post subject: Re: Vehicle dash cam
PostPosted: Fri May 05, 2017 5:21 pm 
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Joined: Tue Nov 10, 2009 6:41 pm
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Location: Santa Comba Dao
and a lot of new cars have it `built in` so to speak. incluing the range rover and jaguar new cars,

i was told by a GNR and a BT officer that radar detectors and cams are not allowed by law. ... so a bit grey really :-/

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 Post subject: Re: Vehicle dash cam
PostPosted: Fri May 05, 2017 8:54 pm 
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Joined: Thu Dec 04, 2008 1:06 pm
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Location: Over the hill
the arborist wrote:
i was told by a GNR and a BT officer that radar detectors and cams are not allowed by law. ...


You should have asked them to explain why, if that was true, Google Street View exists for Portugal (it doesn't in Austria where such cameras are actually illegal). The PT law does not make the cameras illegal, however as XC has stated, the use of images that clearly identify people can be illegal if that person has not given consent.
In addition such non-consensual video can, in certain circumstances be allowed into evidence where no consent existed (phone video showing 2 people violently assaulting a another youth in Benfica where the solicitors for the accused tried to exclude the video because they hadn't given consent). The Court decided that the Constitutional right of the victim not to be beaten up outweighed the Constitutional rights of the accused to privacy.
I can't comment re radar detectors though and can't be bothered to research it as I don't feel the need for one.

EDIT - I've just revisited Google Street View PT to see that the faces of people pictured on the street are blurred out so they cannot be identified.

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