Legal Framework for Video Surveillance in Public Places (Macau)

Legal Framework for Video Surveillance in Public Places (Macau)

Law No. 2/2012 of the Macau Special Administrative Region

Legal Framework for Video Surveillance in Public Places

The Legislative Assembly enacts this law under Article 71(1) of the Basic Law of the Macau Special Administrative Region.
Chapter One
General Provisions
Article 1
Subject Matter
This law regulates the use of video surveillance systems by the Macau Special Administrative Region’s security forces and departments in public places.
Article 2
Scope of Application
1. The purpose of using video surveillance systems is limited to ensuring social security and public order, particularly the prevention of crime, and assisting in criminal investigations.
2. In applying this law, especially concerning the processing and protection of personal data, compliance with the provisions of Law No. 8/2005 is required, and respect for privacy rights as well as the fundamental rights, freedoms, and protections stipulated by the Basic Law of the Macau Special Administrative Region and other applicable laws must be upheld.
Article 3
Definitions
1. For the purposes of this law, the following terms shall mean:
(1) “Video surveillance system”: refers to the collection and processing of images and sounds recorded in real-time by closed-circuit video and photography systems using fixed cameras or other similar systems or technical means;
(2) “Public place”: refers to places, public roads, public areas, and facilities owned or used by public entities of the Macau Special Administrative Region, or managed and maintained by such entities primarily for public use.
2. For the purposes of this law, the definitions in Article 4 of Law No. 8/2005 shall apply after the necessary cooperation is made.
Article 4
General Principles
The use of video surveillance systems must adhere to the following general principles:
(1) Legality principle: The collection and processing of images and sounds recorded by video surveillance systems must comply with the restrictions set out in this law, Law No. 8/2005, and other applicable laws;
(2) Specialization principle: Video surveillance may only be used for the purposes defined in this law;
(3) Proportionality principle: Video surveillance must first assess the necessity of maintaining social security and public order, particularly the need for crime prevention, as well as the protection of privacy rights and other fundamental rights.
Article 5
Purposes of Video Surveillance
Video surveillance systems may only be used for the following purposes:
(1) To protect public buildings and public utility facilities, even if their operation has been assigned to private entities;
(2) To protect buildings deemed historical or cultural heritage;
(3) To ensure personal safety and the safety of public or private property, and to prevent crime at locations with significant criminal risk, particularly:
(1) Places of detention or locations where deprivation of liberty measures are executed;
(2) Ports and any locations with external connections in the Macau Special Administrative Region;
(3) Facilities at ports and airports, as well as public transportation facilities for railways and roads;
(4) To prevent road accidents and ensure safety for individuals and property on the road;
(5) To manage access and evacuation paths for locations referred to in items (1) to (3).
Article 6
Restrictions on Video Surveillance
1. The collection and processing of images and sounds shall be limited to achieving legal purposes.
2. Security forces and departments shall take necessary measures to destroy records and personal data that are clearly beyond the legal purposes or do not assist in achieving such purposes.
3. Security forces and departments are authorized to access vehicle data from information systems that use identification devices or other identification technologies to control access to specific locations, but only to the extent necessary for the investigation of criminal proceedings.
Article 7
Prohibitions
1. It is prohibited to install video surveillance cameras, regardless of whether they have recording capabilities, in areas where privacy is protected or religious ceremonies are conducted, even if such areas are located in public places.
2. Recording audio is prohibited, except where necessary for the maintenance and protection of individuals and property at high risk, especially during natural disasters or situations that threaten the Macau Special Administrative Region or national security.
3. It is prohibited to record images and sounds that directly and immediately invade personal privacy or private conversations, which is deemed improper.
4. The use of video surveillance cameras that may capture images and sounds from within residences, living buildings, or their appurtenances is prohibited.
5. Images and sounds inadvertently recorded that violate this law shall be immediately destroyed by the entity responsible for processing the data.
Article 8
Entities Responsible for Data Processing
1. The entity responsible for processing images and sounds collected by the video surveillance system is the security forces or departments that have substantial jurisdiction over the recording area; if the images and sounds are requisitioned by other entities with substantial authority on related matters, then that entity shall assume responsibility for processing the relevant images and sounds.
2. For procedures, data processing, and responsibilities arising from the preceding paragraph, if not specifically stipulated by this law, the provisions of Law No. 8/2005 shall apply.
Article 9
Video Surveillance Systems
Security forces and departments shall use self-installed video surveillance tools in accordance with the provisions of this law and may use or utilize the following video surveillance tools, provided there is reasonable justification and it is for the purposes defined by this law:
(1) Video surveillance tools installed by entities responsible for managing transport systems such as roads, aviation, railways, or shipping;
(2) Video surveillance tools installed by the entities responsible for managing public places or public area management entities;
(3) Video surveillance tools installed by entities responsible for the management and security of private places in accordance with the provisions of Law No. 4/2007.
Article 10
Electronic Identification of Vehicles
To prevent and combat road violations, particularly for compliance with or to promote adherence to the legal provisions regarding criminal or minor violations, the police authorities may use vehicle electronic detection and identification systems.
Chapter Two
Installation of Video Surveillance Systems
Article 11
Authorization
1. The installation of video surveillance systems must be authorized by the Chief Executive after consulting with the binding opinion of the public authority referred to in Law No. 8/2005.
2. Regarding the opinions stated in the previous paragraph, the procedures must comply with the system established by Law No. 8/2005 after the necessary cooperation is made.
3. The powers granted in the first paragraph may be delegated to others in accordance with the law.
4. The security forces or departments responsible for processing data have the authority to submit applications.
5. The relevant authorization should specify the public places under video surveillance, the conditions and restrictions for using the system, including indications of recording and audio capture, the technical characteristics of the equipment used, and the authorized duration.
6. The duration of the authorization shall not exceed two years and may be renewed, with renewal procedures being the same as those for the original authorization.
Article 12
Application Documents
Applications referred to in the previous article should be accompanied by the following information, without prejudice to the applicability of Law No. 8/2005:
(1) The location and purpose of installing the video surveillance system, including reasonable justifications for the application submitted after considering the principles specified in Article 4 of this law;
(2) The technical characteristics of the equipment used;
(3) Identification information of the data processor;
(4) Internal rules regarding data protection;
(5) Procedures for informing the public about the existence of the video surveillance system;
(6) Data retention period established according to the principles of appropriateness and proportionality based on the purposes of data collection.
Article 13
Execution
1. For the application of this law, the security forces or departments responsible for processing data must, within their legal authority, be responsible for the following tasks:
(1) Assessing the risks and control needs of locations under video surveillance, particularly evaluating whether the tools proposed for use are necessary, appropriate, and proportional for the specified purposes;
(2) Acquiring the necessary technical tools and appropriate facilities to ensure strict compliance with this law and Law No. 8/2005 during the collection and processing of data;
(3) Creating operational manuals or codes of conduct to ensure the efficiency of procedures and compliance with the provisions of this law when collecting and processing recorded data, especially adherence to privacy principles and personal data protection principles;
(4) Preparing a register of the technical characteristics of the equipment used and all installation records, indicating specific installation dates, locations, periods, and purposes.
2. The security forces or departments responsible for processing data shall notify members of the government who supervise security matters of the work executed in accordance with the preceding paragraph.
Chapter Three
Use, Recording, and Retention
Section One
Use of Collected Data
Article 14
Evidential Value
Images and sounds collected in accordance with the provisions of this law may serve as evidence in various stages of criminal proceedings or minor violation proceedings.
Article 15
Procedures
If the recorded data collected by the security forces or departments under this law indicates the existence of facts related to criminal or minor violations, they shall prepare a report as soon as possible for the purpose of:
(1) Submitting the report along with the audio and visual media to the Public Prosecutor’s Office or other competent entities determined by the nature of the act;
(2) Continuing the relevant criminal procedures as a criminal police agency.
Article 16
Records of Traffic Violations
1. For the application of the provisions of Article 10, records of behaviors violating road traffic laws and regulations captured by video surveillance systems shall have the same evidential value as reports made by law enforcement officers based on directly perceived violations.
2. Records referred to in the preceding paragraph shall be certified by handwritten signatures; in cases of paperless procedures, they shall be certified by verified digital signatures.
Article 17
Access to Data by Security Forces and Departments
1. Security forces and departments may monitor in real-time from the control room or through other available facilities, or review data recorded by their monitoring systems, as well as data recorded by entities specified in Article 9(1) to (3).
2. Contact personnel and those responsible for reviewing the archived data are individuals authorized by the leadership or commander of the respective security forces or departments for the relevant purpose.
Article 18
Prohibition of Data Transfer
Except for the purposes specified in Articles 14 and 16 of this law, it is prohibited to transfer data or replicate recorded data.
Section Two
Registration, Notification, and Retention of Data
Article 19
Data Required for Registration
1. Images and sounds collected under the provisions of this law and for the purposes indicated therein must be registered and should include other detailed information, particularly:
(1) Location, date, and time of recording;
(2) Data aiding in proving criminal or minor violations;
(3) Type of violation, namely whether it is a criminal or minor violation, along with a brief description of the regulations violated;
(4) Identification information of the law enforcement officer or operator responsible for monitoring.
2. In situations covered by paragraph 1(4), other personal data regarding the individuals involved may be recorded, but only for emergency rescue purposes.
Article 20
Notification of Data
1. Registered data must be reported to the following entities:
(1) The relevant security forces or departments with substantial authority or granted related powers, to enable them to exercise their authority;
(2) To judicial authorities based on legal provisions or at their request, for the purpose of initiating criminal procedures or executing criminal judgments;
(3) To entities responsible for managing road traffic, for them to exercise powers defined by Law No. 3/2007 and other supplementary laws;
(4) To the fire department, to enhance the efficiency of emergency rescue operations.
2. The data reported to the entities referred to in the preceding paragraph shall be limited to what is necessary for them to fulfill their legal obligations, and the notification must comply with the security requirements established in Article 22.
3. The method of notification used between the entities referred to in paragraph 1, whether electronic or in physical form, must ensure procedural efficiency and should not compromise the privacy protection of the individuals involved.
4. Public authorities specified by Law No. 8/2005, if requested, have the right to access the data reported under the provisions of this law, except in cases involving judicial confidentiality.
Article 21
Data Retention
1. The retention period for data collected under the provisions of this law shall not exceed sixty days, without prejudice to the applicability of the provisions in the following paragraph.
2. If the collected data constitutes evidential materials as specified in Articles 14 and 16, it shall be retained until the related proceedings are concluded and must be destroyed within thirty days after the conclusion of the proceedings.
3. When determining the data retention time, the following factors should be considered:
(1) The conclusion of the investigation being assisted;
(2) Any pending administrative or judicial rulings;
(3) The statute of limitations for prosecuting criminal or minor violation procedures, or any termination of such procedures;
(4) The execution of penalties imposed and other penalties for administrative or minor violations.
Chapter Four
Obligations and Rights
Article 22
Security and Control of Information
The notification of data or any form of data interconnection established by this law must ensure the efficiency and speed of procedures as well as the security, integrity, and confidentiality of the transmitted information, without affecting the applicability of Law No. 8/2005.
Article 23
Confidentiality Obligations
1. Operators of data collected under this law are required to fulfill their professional confidentiality obligations based on their duties, even after the termination of their duties, otherwise disciplinary and criminal proceedings may be initiated against them.
2. Others who access or handle the collected data must also fulfill confidentiality obligations and must not use, disclose, disseminate, or publicly share the information they are aware of for personal or third-party benefit, otherwise, criminal proceedings may be initiated against them.
Article 24
Judicial Confidentiality
The provisions regarding judicial confidentiality in criminal procedural law take precedence over the data intercommunication and interconnection systems established in this law.
Article 25
Duty to Inform
1. For the application of the provisions of this law, announcements must be prominently posted at places where video surveillance systems are installed to ensure the public is aware of the system's use and the entity responsible for processing data.
2. The announcement referred to in the previous paragraph should be in both Chinese and Portuguese, and appropriate symbols; if there is reasonable justification, it may be translated into English.
3. The entity operating the video surveillance system is responsible for posting the announcement.
Article 26
Information for Statistical or Educational Purposes
Data processed under this law may be used for statistical or educational purposes as long as it does not involve personal identification information or identifiable information regarding vehicles or other property.
Article 27
Rights of Stakeholders
1. All individuals recorded have the right to access and delete recorded data collected under this law, without prejudice to the applicability of the provisions in the following paragraph and other applicable laws.
2. If the exercise of the rights specified in the previous paragraph may pose a danger to social security or affect the rights and freedoms of third parties or impede the normal course of any nature of judicial proceedings, the exercise of that right may be refused after justification is provided.
3. Individuals may request the exercise of the rights specified in paragraph 1 directly or through the public authorities established by Law No. 8/2005, to the entity responsible for processing the data.
Chapter Five
Penalty System
Article 28
Penalties
Violations of this law will be penalized according to the disciplinary rules binding the relevant parties and the penalty system specified in Articles 30 to 42 of Law No. 8/2005, without prejudice to their criminal responsibilities.
Chapter Six
Final Provisions
Article 29
Transitional Provisions
The security forces and departments of the Macau Special Administrative Region must ensure that the video surveillance systems for which they are responsible comply with the provisions of this law within ninety days after its entry into force and complete the procedures set forth in Articles 11 and 12.
Article 30
Entry into Force
This law shall enter into force thirty days after its publication.
Passed on February 28, 2012.
President of the Legislative Assembly, Liu Zhaohua
Signed on March 12, 2012.
Order of Publication.
Chief Executive XXX