Hi there,
I have two cameras working in a public cafe. Today the owner had two clients fighting on being a victim of racism. She called the police, and when they got in the cafe, they asked for a conformity certificate does anyone know if we can get that and how?
Disclaimer, I don’t know anything about Portugal law and I don’t know anything about conformity certificates, but I do know how to use AI’s and this is what one told me:
In Portugal, the law regulating photography and cinematography is based on copyright and personal data protection principles. Let me break down the relevant aspects:
Copyright Law :
According to the Portuguese Copyright Law (Lei n.Âş 9/86) , photographs and films are considered original works and are protected under copyright law.
Creators of photographs or films have exclusive rights over their work, and it cannot be used without their permission, except in certain circumstances.
Personal Data Protection :
The General Data Protection Regulation (GDPR) applies in Portugal.
Personal data can only be processed if the data subject has given their consent.
If someone is taking a photograph or making a film that contains the image of an individual, they must obtain the consent of that person before doing so. Explicit consent is required for images taken for commercial purposes.
Restrictions on Cameras in Public Spaces :
The Portuguese Criminal Code (CĂłdigo Penal) prohibits taking photographs or films in certain public spaces without authorization.
These restricted areas include military installations or areas with restricted access.
Authorization from competent authorities is necessary for photography or filming in such spaces.
Drones for Photography and Cinematography :
The Portuguese Civil Aviation Authority (Autoridade Nacional de Aviação Civil) imposes restrictions on drone use.
Drones must not be flown over urban areas, populated areas, industrial or commercial areas, or within 5 km of an aerodrome without proper authorization.
Given this context, the cafe owner may need to consider the following steps:
Remember that adherence to these regulations is essential to avoid legal consequences.
Sources:
Portuguese Copyright Law (Lei n.º 9/86) General Data Protection Regulation (GDPR) Portuguese Criminal Code (Código Penal) Portuguese Civil Aviation Authority (Autoridade Nacional de Aviação Civil)
Source: Conversation with Bing, 3/16/2024https://blog.jambox.io/how-does-portugals-law-restrict-photography-and-cinematography/ .Portugal - Standards for Trade .Getting a CoC for Portugal .
Here is what another one told me:
The cameras in the cafe likely don’t need a conformity certificate for the police investigation. Here’s why:
Conformity certificates (Certificado de Conformidade CEE) in Portugal are typically required for registering vehicles imported from another country [eurococ].
Security cameras, on the other hand, generally don’t require such certificates.
The police are likely interested in the footage the cameras captured of the incident. The cafe owner should:
Inform the police about the camera system and that footage is available.
Offer to cooperate and provide the recordings if needed.
Here’s additional information that might be helpful for the cafe owner:
Security camera footage can be valuable evidence in police investigations.
The cafe owner does not need to hand over the recordings to the police, but cooperating can help resolve the situation.
The cafe owner might want to consult a lawyer if they have any questions about their obligations or rights regarding the footage.
Don’t rely on my response though. I am not a lawyer and I don’t know anything about Portuguese Law, and I have no way of knowing how accurate either of those AI’s are in answering your question, but maybe they will give you some ideas of where to look or help you understand something.
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June 15, 2024, 5:01am
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