

SPECIAL ADMINISTRATIVE REGION OF MACAU
OFFICIAL BULLETIN - SERIES I
University Law No. 2/2012
Degree:
BO No.: 12/2012
Published in: 2012.3.19
Page: 219-228

Legal regime of video surveillance in public spaces.

Chinese Version
Related degrees
:

Related
Categories :

Law No. 8/2005 - Defines the Personal Data Protection Law.
Law No. 3/2007 - Road Traffic Law.
Law no. 4/2007 - Law on private security activity.
Order of the Secretary for Security no. 61/2012 - Approves public notices intended to inform the population of public spaces subject to
video surveillance systems in accordance with the provisions of Law no. 2/2012.
Executive Order no. 31/2012 - Delegates to the Secretary for Security the authority to authorize the installation of video surveillance
systems.
Executive Order no. 8/2020 - Delegates to the Secretary for Security the power to authorize the installation of video surveillance systems
provided for in paragraph 1 of article 11 of Law no. public spaces).
PUBLIC SECURITY - LEGAL REGIME FOR THE PROCESSING AND PROTECTION OF PERSONAL DATA - CHIEF
EXECUTIVE - SECURITY - PUBLIC PROSECUTION - OFFICE FOR THE PROTECTION OF PERSONAL DATA - CUSTOMS
SERVICES -

Notes on LegisMac
Original version in PDF format

SPECIAL ADMINISTRATIVE REGION OF MACAU
Law No. 2/2012
Legal regime for video surveillance in public spaces
The Legislative Assembly decrees, under the terms of paragraph 1) of article 71 of the Basic Law of the Macau Special
Administrative Region , to have the following legal effect:
CHAPTER I
general provisions
Article 1
Object
This law regulates the use of video surveillance systems in public spaces by the security forces and services of the Macau Special
Administrative Region, hereinafter referred to as MSAR, as they have police authority.
Article 2
Scope of application
1. The use of video surveillance systems is exclusively intended to ensure public security and order, namely to prevent the commission
of crimes, and to assist criminal investigation.
2. The application of this law, namely the processing and protection of personal data, must observe the regime established in Law No.
8/2005 , and respect the privacy of private life, as well as other rights, freedoms and fundamental guarantees established in the Basic
Law of the MSAR and other applicable legislation.
Article 3
Definitions
1. For the purposes of this law, it is understood by:
1) «Video surveillance system»: the collection and processing of images and sounds captured in real time by video and photography
systems in closed circuit, through fixed cameras or through any other similar system or technical means;
2) «Public spaces»: the places, public roads, establishments and public equipment belonging to or allocated to the MSAR or other
public legal persons of the MSAR or whose management and responsibility are under their responsibility and which are predominantly
intended for the use of the population .
2. For the purposes of this law, the definitions contained in article 4 of Law no. 8/2005 are applicable , with the necessary adaptations.
Article 4
General principles
The use of video surveillance systems complies with the following general principles:
1) Principle of legality, according to which the collection and processing of images and sounds captured by the video surveillance
system must be carried out within the limits established in this law, in Law no. 8/2005 and in other applicable legislation;
2) Principle of exclusivity, according to which video surveillance is only admissible for the purposes set out in this law;
3) Principle of proportionality, according to which the use of video surveillance presupposes a balance between the requirements of
maintaining public security and order, namely the prevention of crimes, and the protection of the right to privacy of private life and
others fundamental rights.
Article 5
Purposes of video surveillance
The use of video surveillance systems is only allowed for the following purposes:
1) Protection of public buildings and facilities of public interest, even when their operation is under concession to private entities;
2) Protection of buildings classified as historical or cultural heritage;
3) Protection of the safety of people and property, public or private, and the prevention of the practice of crimes in places where there
is a reasonable risk for their occurrence, namely:
(1) In places of detention or execution of measures depriving of liberty;
(2) At border posts and any places of contact with the outside of the MSAR;
(3) In port and airport facilities, and in public, rail and road transport services;
4) Prevention and road safety of people and goods;
5) Protection of access and evacuation paths to the places referred to in paragraphs 1) to 3).
Article 6
Limits to video surveillance
1. The collection and processing of images and sounds must be limited to what is strictly necessary for the purposes for which they are
intended under the law.
2. The security forces and services must adopt the necessary measures to eliminate the records and personal data contained therein that
prove to be excessive or unnecessary for the pursuit of the legally foreseen purposes.
3. Security forces and services have the right to access, as long as they are indispensable for the purposes of investigation in criminal
proceedings, to data relating to vehicles contained in information systems based on the use of identifiers or other technical means of
identification for the purposes of access control to certain locations.
Article 7
bans
1. It is prohibited to install video surveillance cameras, with or without sound recording, in any areas, even if located in public spaces,
which, by their nature, are intended to be used to protect privacy or worship.
2. Sound recording is prohibited, except when strictly necessary to ensure the defense and protection of people and property in high
risk situations, namely in a calamity or natural disaster, or in a situation that threatens the security of the MSAR or the State. .
3. It is prohibited and illegitimate to capture images and sounds when this capture directly and immediately affects people's privacy, or
results in the recording of conversations of a private nature.
4. The use of video surveillance cameras is prohibited when the capture of images and sounds involves the interior of a house or
inhabited building or its dependence.
5. The images and sounds accidentally captured, in violation of the provisions of this law, must be immediately destroyed by the entity
responsible for the treatment.
Article 8
Entity responsible for the treatment
1. The entity responsible for processing the images and sounds collected by the video surveillance systems is the security force or
service with material jurisdiction in the capture area, unless requested by another entity with material competence for the purpose,
which becomes the assume such responsibility.
2. The provisions of Law no. 8/2005 apply to the procedures, data processing and liability arising from the provisions of the previous
number , in everything that is not specifically provided for in this law.
Article 9
video surveillance systems
The security forces and services use, in accordance with the provisions of this law, their own means of video surveillance, and may
access or use, whenever justified and for the purposes provided for in this law, means of video surveillance:
1) Installed by an entity or entities with competing responsibilities with regard to the management of the transport system, regardless
of its nature, namely road, air, rail or sea;
2) Installed by the concessionary entities or those responsible for the management of public spaces;
3) Installed by the entities responsible for the management and security of private spaces, under the terms of Law No. 4/2007 .
Article 10
Electronic vehicle identification
For the purpose of preventing and repressing traffic offences, namely to comply with or enforce legal rules of a criminal or
contravention nature, police authorities may use electronic vehicle detection and identification systems.
CHAPTER II
Installation of video surveillance systems
Article 11
Authorization
1. The installation of video surveillance systems depends on authorization from the Chief Executive, after a binding opinion from the
public authority referred to in Law No. 8/2005 .
2. The opinion provided for in the previous number follows, with the necessary adaptations, the regime established in Law no. 8/2005
.
3. The competence provided for in paragraph 1 is delegable under the legal terms.
4. It is incumbent upon the force or the security service responsible for processing the instruction of the request.
5. The authorization must include, namely, the public places subject to video surveillance, the conditions and limitations of use of the
system, including the indication of image and sound recording, the technical characteristics of the equipment used and the
authorization period.
6. The authorization period must not exceed two years, which may be renewable, with the renewal procedure being identical to the
authorization procedure.
Article 12
order instruction
Without prejudice to the provisions of Law no. 8/2005 , the request referred to in the previous article must be accompanied by the
following elements:
1) Location and purposes of installing the video surveillance system, including the justification for the request, taking into account the
principles established in article 4 of this law;
2) Technical characteristics of the equipment used;
3) Identification of those responsible for processing the data;
4) Internal data protection rules;
5) Procedures for informing the public about the existence of the system;
6) Data retention period, with respect for the principles of adequacy and proportionality according to the purposes for which they are
intended.
Article 13
Execution
1. For the purposes of this law, it is up to the force or security service responsible for processing the data, within the scope of its legal
powers, namely:
1) Assess the risks and control needs of locations subject to video surveillance, in particular whether the means to be used are
necessary, adequate and proportionate to the intended purpose;
2) Acquire the necessary technical means, as well as the adequate facilities for the collection and processing of data in strict
compliance with the provisions of this law and Law No. 8/2005 ;
3) Develop manuals or codes of conduct to ensure greater efficiency in procedures and to ensure that the collection and processing of
recorded data comply with the provisions of this law, in particular, with respect for the principles of privacy and the protection of
personal data;
4) Keep an inventory with the technical characteristics of the equipment used, as well as a record of all installations carried out, with
the exact date and place, duration and purpose for which they are intended.
2. The security force or service responsible for processing the data must inform the member of the Government responsible for the
security area of ​the actions carried out under the terms of the previous number.
CHAPTER III
Use, registration and conservation
SECTION I
Use of collected data
Article 14
probative value
The images and sounds collected under the terms of this law may constitute evidence in criminal or contravention proceedings at the
different procedural stages.
Article 15
Procedure
The security force or service that, in accordance with this law, collects recordings that indicate facts with criminal or contravention
relevance must prepare a report, as soon as possible, in order to:
1) Send the report, together with the support of images and sounds, to the Public Prosecutor's Office or to another competent entity
depending on the nature of the act performed;
2) Continue the criminal proceedings, as a criminal police body.
Article 16
Registration of road offenses
1. For the purposes of the provisions of article 10, the registration of infractions to the laws and regulations of road traffic captured by
the video surveillance system has the probative value of the report of infraction directly verified by an official of authority.
2. The registration referred to in the previous number must be authenticated with an autograph signature or, in the case of procedural
dematerialization, by means of a certified digital signature.
Article 17
Access to data by security forces and services
1. The security forces and services have access in real or deferred time to the data captured by the surveillance systems installed by
them, as well as to the data captured by the entities referred to in paragraphs 1) to 3) of article 9, through connection elements present
in the control room or other available facilities, or by consulting the respective files.
2. The liaison officers and those responsible for deferred access are agents of the security forces and services duly accredited for the
purpose by the respective directorates and commands.
Article 18
Prohibition of data transfer
The transfer of data or copying of recordings is prohibited beyond the purposes referred to in articles 14 and 16 of this law.
SECTION II
Registration, communication and storage of data
Article 19
Data subject to registration
1. The images and sounds collected under the terms of this law and for the purposes provided for therein are subject to registration, and
must be complemented with other circumstantial elements, namely:
1) Place, date and time of occurrence;
2) Data that may support evidence of conduct that violates the law, regardless of its criminal or contravention nature;
3) Type of offence, criminal or misdemeanor, and summary indication of the rules that are considered violated;
4) Identification of the law enforcement officer or operator responsible for the observation.
2. In the case provided for in subparagraph 4) of paragraph 1 of the following article, other personal data of the persons involved may
be recorded, but solely and exclusively for the purpose of relief and emergency.
Article 20
data communication
1. The registered data must be communicated:
1) To the security force or service by virtue of their own or delegated material competences that are fixed to them, with a view to the
respective exercise;
2) To the judicial authorities, for the purposes of criminal proceedings or execution of a sentence of a criminal nature, when this results
from the law or has been requested by them;
3) The entity with responsibilities in the management of road traffic for the purposes of carrying out the respective powers under Law
no. 3/2007 and other complementary legislation;
4) To the Fire Department whenever this can ensure greater effectiveness in rescue and emergency operations.
2. The entities referred to in the previous number are only communicated with the data strictly necessary to ensure compliance with the
respective legal obligations and in accordance with the security requirements provided for in article 22.
3. The means of communication used between the entities referred to in paragraph 1, whether by electronic means or physical support,
must ensure the celerity of the procedures for which they are intended, without prejudice to the preservation of the privacy of the
people involved.
4. The public authority provided for in Law no. 8/2005 has access, whenever requested, to communications made within the scope of
this law, safeguarding cases where there is judicial secrecy.
Article 21
data conservation
1. The data collected, under the terms of this law, are kept for a maximum period of 60 days, without prejudice to the provisions of the
following number.
2. The collected data that constitute evidence under the terms of articles 14 and 16 are kept until the end of the respective procedure,
after which they must be destroyed within 30 days.
3. In determining the data retention time, consideration should be given to:
1) The completion of an investigation which they can assist;
2) Any pending administrative or judicial decision;
3) The statute of limitations or, in any way, the termination of criminal or contravention proceedings;
4) Compliance with the penalties applied and other administrative or misdemeanor sanctions.
CHAPTER IV
Duties and rights
Article 22
Information security and control
Without prejudice to the provisions of Law no. 8/2005 , communication or any form of data interconnection provided for in this law
must ensure the effectiveness and speed of procedures and guarantee the security, integrity and confidentiality of the information
transmitted.
Article 23
duty of secrecy
1. Operators of data collected under this law, by virtue of their functions, are bound by the duty of professional secrecy, under penalty
of disciplinary and criminal proceedings, even after the end of those functions.
2. Other people who have access to the collected data or have contact with them are also obliged to the duty of secrecy, not being able
to make use of or reveal to a third party or, in any other way, disclose this data, or, of their knowledge, give any publicity. , for their
own benefit or that of a third party, under penalty of criminal proceedings.
Article 24
Justice secret
The secrecy of justice, in the terms in which it is regulated in the criminal procedural laws, prevails over the intercommunication and
interconnection regime contained in this law.
Article 25
Duty to inform
1. For the purposes of this law, in places where video surveillance systems are installed, it is mandatory, in a clearly visible place, to
display a public notice whose content ensures knowledge of the use of the system and the entity responsible for processing the data.
2. The notice referred to in the previous number must be written in Chinese and Portuguese, and must also be accompanied by
appropriate symbology and may be translated into English when justified.
3. Posting a public notice is the responsibility of the entity that operates the video surveillance system.
Article 26
Information for statistical or educational purposes
The data subject to processing within the scope of this law may be used for statistical or didactic purposes, provided that this does not
result in the identification of persons or of vehicles or other goods that allow such identification.
Article 27
Rights of interested parties
1. Without prejudice to the provisions of the following number and other applicable legislation, all those who appear in the recordings
obtained in accordance with this law are guaranteed the rights of access and elimination.
2. The exercise of the rights provided for in the previous number may be reasonably denied when it is likely to constitute a danger to
public security, or to the extent that it affects the exercise of rights and freedoms of third parties, or even when this exercise jeopardizes
the normal processing of judicial process irrespective of its nature.
3. The rights referred to in no. 1 may be activated with the entity responsible for processing the data, directly or through the public
authority provided for in Law no. 8/2005 .
CHAPTER V
sanctioning regime
Article 28
sanctions
Without prejudice to criminal liability, the violation of this law is sanctioned in accordance with the disciplinary statute to which the
agent is subject and in accordance with the sanctioning regime provided for in articles 30 to 42 of Law no. 2005 _
CHAPTER VI
Final dispositions
Article 29
transitional provision
The MSAR security forces and services have a period of 90 days after the entry into force of this law to adapt the video surveillance
systems, for which they are responsible, to the provisions of this law and to carry out the formalities provided for in articles 11. th and
12th
Article 30
Implementation
This law enters into force 30 days after the date of its publication.
Approved on February 28, 2012.
The President of the Legislative Assembly, Lau Cheok Va.
Signed on March 12, 2012.
Publish yourself.
The Chief Executive, Chui Sai On.

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