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NATIONAL ASSEMBLY
––––––
Law No. 86/VIII/2015
of April 14th

By mandate of the People, the National Assembly decrees,
pursuant to Article 175 ( b) of the Constitution,
the next:
CHAPTER I
General provisions
Article 1
Object

This law regulates the installation and use of
video surveillance systems in public spaces and in
places of fenced or conditioned access to the public, with
the purpose of ensuring the protection of people and property, the
security and public order, preventing the commission of crimes
and to assist with the criminal investigation.
Article 2
Scope of application

1. This law applies to the installation and use of
video surveillance systems:
a) By the security forces;
b) By municipal entity;
c) By entities with competences in managing the
transport system; and
d) By the concessionary or responsible entities
for the management of public spaces.
2. This law is also applicable to providers
of private security service that are holders of
permit, under the terms of the Law that defines the legal regime
of private security activity.
3. This law does not apply to use cases
of video surveillance by individual person, in the exercise
exclusively domestic or business, provided that the
collection does not include public spaces.
4. The application of this law, namely,
regarding treatment, liability and protection
of personal data, observes the regime established in the
Law No. 133/V/2001, of 22 January, as amended
approved by Law No. 41/VIII/2013, of 17 September and
by Law No. 42/VIII/2013, of 17 September, hereinafter
called LPDP.
Article 3
Definitions

1. For the purposes of this law, the following definitions apply:
a) “Video surveillance system”, the collection and treatment.
of images and sounds captured in time
real by video and photo systems in

closed circuit, through fixed chambers or
through any other system or medium
analogue technician;
b) "Public spaces", places, public roads,
public facilities and equipment
belonging or assigned to the central administration.
tral or municipal, to other legal persons
public or whose management and responsibility
be in charge of these and that they are destined
predominantly to the use of the population.
2. For the purposes of this law, the
definitions contained in article 5 of the Law on the protection of
personal data, which establishes the general legal regime of
protection of personal data of natural persons with
the necessary adaptations.
Article 4
General principles

The use of video surveillance systems complies with the
following general principles:
a ) Principle of legality, according to which the recollection and treatment of images and sounds caprecorded by the video surveillance system must
be carried out within the limits set in the
this law and other applicable legislation;
b ) Purpose principle, according to which the videosurveillance is only permissible for the intended purposes.
acts in this law;
c) Principle of proportionality, according to which
the use of video surveillance presupposes the
between the maintenance requirements of the
security and public order, namely the
prevention of the commission of crimes, and the protection of the
right to reserve the privacy of private life
and other fundamental rights.
Article 5
Purposes of video surveillance

The use of video surveillance systems is only allowed
for the following purposes:
a) Protection of public buildings and facilities for
public interest and respective accesses, even
when its holding is licensed to
private entities;
b) Protection of facilities of interest to the sesecurity and national defense;
c) Protection of heritage buildings
historical or cultural;
d) Protection of the safety of people and goods and precrime prevention or identification
of its authors, in places that, by the type of
activities that are developed in them, whether
likely to generate special security risks.
race, namely:
i. In places of detention or compliance with
custodial measures;

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SERIES I — N O 24 «BO» OF THE REPUBLIC OF CAPE VERDE — APRIL 14, 2015
ii. At border posts;

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3. The Commission may, with reasons, in the framework
of the issuance of the opinion referred to in number 1:

iii. In port and airport facilities
and in public transport services;
e) Prevention of terrorist acts;
f) Crime prevention and investigation activities
under the terms of article 11 of Law no. 16/
VII/2007, of 10 September and article 21
Law No. 30/VII/2008, of 21 July;
g) Prevention and road safety of people and goods.
Article 6

a) Make recommendations with a view to ensuring the
need to protect personal data,
subjecting the issue of opinion fully
positive to verification of compliance with
your recommendations;
b) Expressly waive the existence of
these security measures, ensuring that
show respect for rights, freedoms and
guarantees of data subjects.
4. In the event of a negative opinion from the Commission, the authorization
cannot be granted.

Limits

1. The installation of video surveillance cameras is prohibited,
with or without sound recording, in any areas, even
that located in public spaces, that are, by their
nature, intended to be used in the protection of the
intimacy or religious worship.
2. It is prohibited to capture sounds, except when it is
strictly necessary to ensure the defense and proprotection of people and goods in high risk situations,
namely in a situation of calamity or catastrophe
natural, or in a situation that threatens national security.
3. Accidentally captured images and sounds, in vioof the provisions of this law, shall be immediately
destroyed by the controller.
Article 7

Article 9
Authorization period

1. The period of authorization for installation and use
of video surveillance must not exceed two years for
the purposes provided for in subparagraphs d) to g) of article 5,
which may be renewed, with the procedure for
renewal identical to the authorization.
2. The renewal request submitted within thirty days
before the end of the period of duration of the authorization or
renewal and that has not been decided, it is considered
provisionally granted, under the terms and limits before
defined, until a decision is rendered.
3. Authorizations issued for the intended purposes
in sub-paragraphs a) to c) of article 5.
renewal period, as long as the classification is maintained.
of buildings and facilities that justify the use of
video surveillance systems.

Entity responsible for processing
Article 10

The entity responsible for processing the images
collected by video surveillance systems is the entity
authorized for its installation or use, under the terms
of this law.
CHAPTER II
Video surveillance systems in public spaces
Section I
installation process
Article 8
Authorization and opinion

order instruction

1. The application for authorization of installation and use
of fixed chambers is required by the top director of the
interested security force and must be instructed with
the following elements:
a) Public places subject to observation by the
fixed cameras;
b) Technical characteristics of the equipment used;
c) Identification of those responsible for conservation
and data processing;
d) The fundamentals justifying the need and
the convenience of installing the
video camera surveillance;

1. Installation of video surveillance systems is subject to
the authorization of the member of the Government supervising the administration. e) Public information procedures on
internal traction, after the opinion of the CNPD to which the
the existence of the system;
articles 22 and 23 of Law no. 41/VIII/2013, of 17 September
f) Mechanisms to ensure the correct
and by Law No. 42/VIII/2013, of 17 September.
use of registered data;
2. The opinion referred to in the previous number is issued
within sixty days of receipt
of the authorization request, after which the opinion is
considered positive.

g) The criteria governing data retention
registered;
h) The period of retention of data.

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2. Installation authorization can also be
required by the Mayor, or
by maximum director of the entities referenced in the
subparagraphs c) and d) of paragraph 1 of article 2,
case, to the National Directorate of the National Police to evaluate the
criminal risks and local control needs
contained in the application.

Article 14
Execution

For the purposes of this law, it is the responsibility of the National Directorate
of the National Police, to assess, in particular, the existence
of risks to people and goods and the needs of preprevention of the commission of crimes when the request is made
by another entity.

3. In the cases referred to in the previous number, the
use of the system be delegated to the National Police,
through a protocol that must be part of the request for
authorization.

Section II
Use of collected data
Article 15

Article 11
Authorization dispatch

1. The authorization decision includes:

evidential value

The images collected under this law
constitute means of evidence in criminal proceedings or against.
ordering in the different procedural stages.

a) The places subject to observation by the cameras
of video;

Article 16
Access to data by security forces and services

b) The limitations and conditions of use of the system;
c) The physical space likely to be recorded, the type
camera and its technical specifications;
d) The duration of the authorization.
2. When there is delegation of use of the system
in the National Police, the decision must identify the unit
organic and the person responsible for the treatment.
3. The authorization may be suspended or revoked, at all
time, by reasoned decision.
Article 12
systems registration

The competent authority to authorize the installation
of fixed video cameras maintains a public record of
all authorized installations, with the date
and the exact location of the installation, its applicant and the end
for which it is intended, as well as the period of authorization and
their eventual renewals.
Article 13

2. Security forces access in real time or
deferred to data captured by surveillance systems
installed by you, as well as the data captured by the
entities referred to in subparagraphs b) to d) of paragraph
1 of article 2, through the transmission line of the
, ensuring compliance with the safety standards of the
information and technical availability.
3. The access referred to in the previous number can still be
realized through present connecting elements
in the control room or other available facilities,
or by consulting the respective files.
4. Liaison elements and those responsible for
deferred access, are agents of the security forces,
duly accredited for this purpose, by the departments
and respective commands.
5. The accesses provided for in the previous numbers are
subject to the signing of a protocol with the entity
holder of the data that it defines, in view of the legal attributions
or bylaws of the interested entities, the respective
limits and conditions.
Article 17

Advertising

Security measures

1. In places subject to surveillance using a camera,
fixed posts it is mandatory to post it, in a conspicuous place,
information on the following matters:
a) The existence and location of video cameras;
b) The purpose of capturing images;

Those responsible for the use of videosurveillance and entities that have access to them
shall adopt the security measures referred to in
Article 16(1) and maintain an up-to-date list
of persons authorized to access the databases.
Section III

c) The person responsible for processing the data collected,
against whom the access rights can be
exercised.
2. The notices referred to in the previous number are
accompanied by appropriate symbology, approved by
ordinance of the Government member responsible for the area
of internal administration.
3. The posting of public notice is the responsibility of the
entity that uses the video surveillance system.

Registration, communication and retention of data
Article 18
Data subject to registration

2. The images collected that indicate facts with
criminal or administrative relevance are subject
of registration, and should be complemented with the other
circumstantial elements, namely:
a) Place, date and time of occurrence;

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b) Data that can support the proof of conduct
violator of the law, regardless of its
criminal or administrative offense nature;

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maximum of 24 hours, counted from the knowledge
of the facts, together with the original support of the images.
gens, continuing the criminal procedure, in the
as a criminal police body.

c) Type of criminal or administrative offence,
and summary indication of the standards that are conare violated;
d) Identification of the law enforcement officer or operator.
pain responsible for observation.
3. In the case provided for in subparagraph d) of paragraph 1 of article
following, other personal data of the
people involved, but solely and exclusively for
relief and emergency effects.

Article 21
data conservation

1. Recordings obtained in accordance with this law are
kept, in a coded record, for a maximum period of
thirty days from the date of its capture.
2. The data collected that constitutes an element of
evidence under Articles 18 and 19 shall be preserved
until the end of the respective procedure, after which
are eliminated.

Article 19
Data communication

1. The registered data must be communicated:
a) To force or security service due to
own material competences or delegate
of those fixed to them, with a view to
active exercise;
b) To the judicial authorities, for the purposes of procriminal assignment or execution of sentence
of a criminal nature, when this results from the
law or has been requested by them;
c) To entities with management responsibilities
traffic and road safety,
and transport, for the purpose of enforcement.
their respective competences;
d) The National Civil Protection Service and
Firefighters, whenever this can ensure
greater effectiveness in relief operations
and emergency.
2. To the entities referred to in the previous number only
data strictly necessary for
ensure compliance with the respective legal obligations.
and in accordance with the foreseen safety requirements
in Article 22.
3. The means of communication used between the entities
mentioned in number 1, either electronically or
physical support, must ensure the speed of procedures.
ments for which they are intended, without prejudice to the preservation
the privacy of the people involved.
4. CNDP has access, whenever requested, to the
communications made under this law,
safeguarding the cases where there is judicial secrecy.
Article 20
Procedure

The security force that, according to this
law, collect recording that indicates relevant facts
criminal or administrative offense must prepare a report of
news that must be sent to the Public Prosecutor's Office within the deadline

Article 22
Information security and control

Without prejudice to the provisions of the LPDP, the communication of
data provided for in this law, must ensure the effectiveness and
the speed of procedures and guaranteeing safety,
integrity and confidentiality of the information transmitted.
CHAPTER III
Private, domestic and business security
Section I
Collection, communication and conservation of data
by private security service providers
Article 23
Purpose and conservation

Image recordings made by security companies
private finance or self-protection services, in the exercise
of its activity, through electronic equipment
surveillance, are aimed exclusively at protecting people and
goods, which must be destroyed within thirty days, only
may be used under the terms of criminal law and procedures.
criminal law.
Article 24
communication obligation

2. Entities holding a permit or license in the
terms of the Law that defines the legal regime for the exercise of
private security activity they intend to use
electronic surveillance equipment must communicate.
to the CNPD and the Ministry of Internal Administration:
a) The places subject to observation by the cameras
fixed;
b) Technical characteristics of the equipment used
lized;
c) Identification of those responsible for conservation
and data processing, when not the
responsible for the system;
d) Public information procedures are
about the existence of the system;
e) Mechanisms to ensure the correct
use of the recorded data.

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3. The installation and use of the systems must
to serve the limits and prohibitions contained in this
diploma and article 6 of the LPDP, being applicable, with the
due adaptations, the rules regarding the use, the
conservation, communication and recording of data.
4. In places subject to surveillance using
means provided for in the previous numbers is mandatory
the posting in a conspicuous place of a notice with the
following words, as the case may be, “For your protection,
this place is under surveillance of a circuit
closed television” or “For your protection, this place
is under surveillance of a closed circuit of
television, proceeding to the recording of image and sound",
followed by the identifying symbol.
Article 25
Report to criminal police bodies
or legal entities

CHAPTER IV
duties and rights
Article 27
duty of secrecy

1. Operators of data collected under the
this law, by reason of their functions, are obliged
the duty of professional secrecy, under penalty of procedure
disciplinary and criminal, even after the end of those
functions.
2. Other people who have access to the data
collected or with them are also
obligated to the duty of secrecy, not being able to use or
reveal to a third party or otherwise disclose
these data, or of your knowledge to give any publication.
city, for its own benefit or that of a third party, under penalty of
criminal procedure.

Collected recording indicating relevant facts
Article 28
criminal or administrative offense this must be sent
to the Public Prosecutor's Office or criminal police bodies
within a maximum period of 24 hours, counted from the moment of acknowledgment. Information for statistical or educational purposes
the facts, together with information on:
The data subject to processing under this
law can be used for statistical or educational purposes.
a ) Place, date and time of occurrence;
tics, provided that it does not result in the identification of the
people nor that of vehicles or other goods that allow
b ) Data that can support the proof of conduct
that identification.
violator of the law, regardless of its
criminal or administrative offense nature;
Article 29

c) Identification of the operator responsible for the obServation.
Section II
Business and home users

Rights of interested parties

1. Without prejudice to the provisions of the following paragraph and
other applicable legislation, are guaranteed to all
those that appear in the recordings obtained accordingly
with this law, the rights of access and disposal.

Article 26
Business and home users

1. When the collection of images includes public spaces
users, users of video systems or cameras.
surveillance, business or domestic, must report
at the police station closest to the place under surveillance, the
installation of the cameras within the exclusive scope of the purpose
protection of people and property.
2. The communication form includes identification
of the person responsible, the number of chambers, the type of chamber
and its technical specifications and the public physical space
likely to be recorded.

2. The exercise of the rights provided for in the previous number
can be justifiably denied when it is suslikely to constitute a danger to public safety,
or to the extent that it affects the exercise of rights and
freedoms of third parties, or even when this exercise
impair the normal course of legal proceedings
regardless of its nature.
3. The rights referred to in number 1 may be activated.
filed with the entity responsible for processing the
data, either directly or through the CNPD.
CHAPTER VII
sanction regime

3. The communication provided for in the previous numbers is
legality condition of the evidence collected for the purpose of
its use in criminal or administrative proceedings.

Article 30
Sanctions

4. The installation of video surveillance systems in a
condominium can only occur if it is consented by everyone.
the joint owners and the tenants of the properties owing
owners inform new tenants about the
existence of those means and obtain by clause in the contract
consent to its use.

Without prejudice to criminal or counterordinance, the violation of this law is sanctioned
according to the disciplinary statute to which the agent
find subject, applying the sanction regime
provided for in the LPDP.

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CHAPTER VI

Article 2

Final dispositions
Article 31
Regularization

1. The entities and services responsible for the systems
but video camera surveillance today
existing, have a period of ninety days, the
from the date of entry into force of this law to
adapt video surveillance systems, by which
are responsible, to the provisions of this law, and so
carry out the formalities imposed therein.

installing commission

1. Until the election and entry into operation of the bodies
statutory, the Order will be managed by a Committee
Installer, designated under the terms of the assoprofessional public organizations and their statutes,
who will direct the electoral process leading to the installation
of elected incumbents.
2. The mandate of the Installing Committee ends selfmathematically with the inauguration of the holders of the
elected positions.

2. Failure to meet the deadline provided for in paragraph
above, constitutes an administrative offense punishable by the
following fines:
a) In the case of natural persons, at least
50,000$00 (fifty thousand escudos) and a maximum
of 150,000$00 (one hundred and fifty thousand escudos);

Article 3
Implementation

The present diploma enters into force on the day following the
of your publication.

Approved on February 27, 2015.
b) In the case of a legal person or entity
without legal personality, at least
150,000$00 (one hundred and fifty thousand escudos) and in the The President of the National Assembly, Basilio Mosso
Branches.
maximum of 300,000$00 (three hundred thousand escudos).
Article 32

Enacted on April 6, 2015.

Implementation

Publish yourself.
This law enters into force 30 days after its publication.
cation.
Approved on February 24, 2015.
The President of the National Assembly, Basilio Mosso
Branches.
Enacted on April 6, 2015.
Publish yourself.
The President of the Republic, JORGE CARLOS DE
ALMEIDA FONSECA.

The President of the Republic, JORGE CARLOS DE ALMEIDA FONSECA.
Signed on April 7, 2015.
The President of the National Assembly, Basilio Mosso
branches
ORDER STATUTES
OF THE PHARMACISTS OF CAPE VERDE
TITLE I

Signed on April 7, 2015.
The President of the National Assembly, Basilio Mosso
Branches.

––––––

General provisions
CHAPTER I
Nature, scope and headquarters

Law No. 87/VIII/2015
Article 1
of April 14th

By mandate of the People, the National Assembly decrees,
pursuant to Article 175 ( b) of the Constitution,
the next:
Article 1

Nature, name and scope

1. The Cape Verdean Order of Pharmacists (OFCV)
is a professional public association representing the
Pharmacists, regardless of their regimen of
work, which is governed by this statute.

Object

Cape Verde's Order of Pharmacists is created,
abbreviated as OFCV or

2. The use of the acronym OFCV is private to the Order of
Cape Verde Pharmacists.

Order, and the respective Statutes are approved, which
are published in an annex to the present diploma, of which
integral part.

3. OFCV exercises the attributions and competences that
the present statute and the laws grant it throughout the ternational rite.

