Privacy watchdog judges body-mounted cameras to be within reason

The Office for Personal Data Protection (GPDP) concluded that the proposed measure, for on duty police officers to wear body-mounted cameras, would not be a privacy violation, according to a statement released by GPDP on Tuesday.

The GPDP statement noted the two purposes behind the measure.

First, it is said to be an aid to help the police to enforce the law, and it can only be used in three situations: during incidents that have already occurred or are expected to occur which might compromise the public’s order and the quietude within the society; in situations when the safety of people or of private property is at risk of being violated; and, in places where crimes have been committed or where crimes are expected to take place.

GPDP claims that the second purpose aims at supervising law enforcement procedures carried out by police officers, and that, in view of that, the cameras can only be used when the officers face threats or resistance in the performance of their duties.

According to the GPDP statement, the two purposes are directly related to the “duties, missions or the activities” of the Public Security Police Force (PSP), which is the responsible body for the implementation of these types of activities, as well as the responsible handler of personal data concerning these same activities.

“After an analysis, GPDP currently has not found any violation of the conditions of the legitimacy and of the principal of proportionality under the personal data protection law,” the statement reads.

“In relation to the rights of the data subject, the security measures for the processing of the personal data, and the period for the retention of the data, [the measure] basically corresponds to the respective rules of law.”

According to a report by Hoje Macau, lawyer Luís Cardoso said that he is unaware of “what the legal basis for this measure is.”

“For better or worse, there has to be a law that properly regulates this situation by providing, for example, information on who can access these images, unless they want to take refuge in the arguments of public order and tranquility, which are subjective concepts for me,” the lawyer said.

The PSP said in a statement that, under normal circumstances, police officers would have to clearly announce their intention to film before activating the cameras.

Lawyer Pedro Leal told TDM yesterday that the use of body cameras by the police should be supervised by an independent entity or a judge.