Month: April 2020
Here you find most of the answers you will need to understand what you can and what you can´t do. For the moment we DO NOT have any more details so please, if you don´t find the answer in the actual law or in this Q and R, you need to hold on for more information to come. It will not be productive to ask SCP:-) Thank you.
The National Data Protection Commission warns that municipalities and private security companies are prohibited from carrying out video surveillance in public places, in the context of the covid-19 pandemic, which is “exclusively attributed” to public security forces.
The use of video surveillance and alarm systems, during the state of emergency, “is exclusively assigned” to the public security forces and services, warns the commission.
“The decreed state of emergency did not change public powers and powers, so the functions of controlling entry and displacement in the national territory remain centralized in the State, with the Local Public Administration and private entities being prohibited from using means of capture of images and sound in the public space for this purpose ”, explains the National Data Protection Commission (CNPD).
Explaining that, following the covid-19 pandemic, “several doubts” have been addressed to CNPD, the commission clarifies that the use of video surveillance and alarm systems, by private security entities, is defined in the law that regulates that activity “And does not cover public places of common use”, whose control is exclusively assigned to public security forces and services.
Private security companies are prohibited from carrying out activities corresponding to the exclusive powers of the judicial or police authorities,” recalls the commission.
And he adds that, thus, the functions of border control and the prevention and repression of crimes in the public space “fall exclusively” on the security forces and services dependent on the Ministry of Internal Administration.
On Thursday, the Ministry of Internal Affairs (MAI) announced that the PSP will use 20 portable video surveillance cameras, 18 of which on ‘drones’, during the state of emergency.
The Deputy Secretary of State and Internal Administration, Antero Luís, issued an order authorizing the use of portable cameras and their installation in unmanned aerial vehicles (‘drones’) of the PSP.
The use of this means was proposed by the national director of the PSP for “protecting the safety of people and property, public or private, and preventing the practice of crimes in places where there is a reasonable risk of their occurrence”.
The MAI, in the statement issued, that the use of mobile cameras covers, in the area of responsibility of the PSP, places of great concentration and movement of people, namely access to road and rail terminals, sports facilities, parks and public gardens and fences or sanitary cords.
But, in the same document, it says that the authorization given, through the order, will comply with the recommendation in Wednesday’s opinion, issued by CNPD on the use of video surveillance cameras, namely the advance warning about the area to be controlled by the cameras portables, and the data controller.
According to the law, the use of ‘drones’ must be previously communicated by the security forces to the office of the Assistant Secretary of State and Internal Administration, which, on behalf of the minister, will validate it.
The MAI, in that note, further clarifies that “when using cameras coupled to unmanned aerial vehicles, the light that identifies the presence of the aircraft must be activated in order to reinforce the informational dimension”.
And also that “it must be ensured that the capture of images safeguards the privacy of those who are in their respective homes or other buildings intended to be used with reservation”.
The President of the Republic spoke to the country regarding the renewal of the state of emergency for another 15 days. From the Palace of Belém, Marcelo Rebelo de Sousa announced that the measures that will now enter into force will continue until the 17th of April, when the state of emergency may or may not be renewed once more.
“This will perhaps be our biggest challenge in the last 45 years”, warns Marcelo.
The covid-19 pandemic “brutally aggravates poverty and inequality”, notes the President of the Republic. Also for this reason, “its economic and social effects will be more profound and lasting than the longest crises we have ever lived”, anticipates the head of state.
“We cannot cheapen the consolidation of the first phase”, warns the President of the Republic, after congratulating the Portuguese people for their efforts throughout the State of Emergency.
Highlighting the countless sectors in Portugal that have not rested, the President described four phases in the fight against Covid-19.
The first is characterised by exponential growths of the pandemic, the second by the deceleration of the outbreak and treating patients with mild symptoms at home. In the third phase, the most serious cases caused by the pandemic will have to be faced, and in the fourth phase progressive stabilization is expected of Portuguese collective life.
Marcelo de Sousa emphasized the need to focus on five fundamental objectives, as follow:
- Protecting at-risk groups, wherever they live, whether at home, in our home, or on the street;
- Use common sense to open the state of emergency to prevent situations of rupture in prison establishments, particularly among the population at greatest risk;
- To ensure that despite the many reasons – which there are – for tiredness and anxiety, this Easter we shall not exchange a few years in the life and health of everyone for a few days of vacation or extended family reunion of some;
- To ask that our compatriots who want to come from abroad comply with the strict recommendations that we will adopt for Easter and rethink to postpone their plans;
- Defining the scenarios for the academic year, taking into account the evolution of the pandemic for April.
During this second phase, the President said that “we must win the second phase and conquer April”, and warned that “we will only conquer April if we don’t let our guard down”. Additionally, he reminded us that other situations have shown that previous journeys to home towns have prolonged the pandemic for an added 30 days.
The President warns that the number of infected will reach the tens of thousands, but the next weeks will be the most decisive and there will also be tens of thousands of lives saved.
In a briefing with reporters following the Council of Ministers meeting, Prime Minister António Costa relayed a set of main measures contained in the decree.
Firstly, the PM affirmed that a set of rules for clarification of previous provisions will be established. For instance, there should be no gathering of more than 5 people, except of course people with family ties and large families.
Two very important measures concern the extension of the deadline for owners to clean the forests to 30th April, not forgetting the enormous risk of forest fire in the country. Additionally, there is a clarification of the exemption from user fees for covid-19 patients, whether during a diagnosis or a treatment phase.
Easter constitutes a particularly critical moment and one when it is essential to restrict circulation in the national territory.
Between 00h on Thursday 9th and 24h on Monday 13th, any travel outside the municipality of habitual residence will be prohibited, except naturally for those who have to travel for the exercise of professional activities that are allowed, or in the 3 municipalities which have territorial discontinuity ( such as Vila Real de Santo António, Montijo and Oliveira de Azeméis).
Workers who need to move to another concelho during the five days when the restriction on circulation will be tighter, must have a declaration from the employer to prove their work address, says the prime minister.
In the same period, all national airports will be closed for passenger traffic. Cargo flights, humanitarian nature, Portuguese repatriation flights or State flights and military nature are maintained.
Other restrictive measures: The Minister of Health and the Minister of Internal Administration, taking into account WHO recommendations, will define countries / territories from which travel will require a medical consultation, in view of preventing infections from occurring.
Air transport will have a limitation of capacity set to only one third, in order to ensure the greatest possible social distance. This is a measure that has already taken place with public transportation, which will continue in effect.
In addition, measures will be taken in regard to strengthening the authorities’ competences for working conditions. Unfortunately, the Prime Minister says, in this period and despite the measures that have been adopted to support the sustainability of companies, there have been abuses. Therefore, inspectors may be required to reinforce the framework for labour inspections.
António Costa stressed that “no one has the right to take advantage of this circumstance to abuse and exploit workers or consumers”.
Finally, a law proposal will be submitted to the AR, in line with appeals launched by the United Nations High Commissioner and the Ombudsman that aim to prevent the pandemic in prisons.
The process by which the President of the Republic can grant a release of prisoners for humanitarian reasons will be streamlined (for instance, people at risk due to old age and underlying illnesses).
A partial pardon of prison sentences may be given to those serving sentences of up to 2 years or the last 2 years of their sentences, excluding those who have committed particularly heinous crimes such as murder, rape, abuse of minors, domestic violence, or those with special responsibilities including security, armed forces or political office holders.
The partial forgiveness of sentences is subject to a condition of respect for house confinement and the absence of any type of criminal act. If this condition is broken, the release will be reversed.
This Thursday 2nd April , Parliament approved the extension of the state of emergency, with Chega, Joacine Katar Moreira, PCP and PEV abstaining. The Liberal Initiative voted against
It was with the presence of 149 deputies that the renewal of the state of emergency was approved, with the favorable votes of PS, PSD, CDS-PP, BE and PAN, the vote against the Liberal Initiative and the abstention of PCP, ENP, Chega and non-registered deputy Joacine Katar Moreira, who announced the presentation of an explanation of vote, in a critical tone because it was not possible to speak in the debate, due to the rules of procedure of the Assembly of the Republic.
The State of emergency, with rules that further restrict citizens’ freedoms, was renewed precisely on the day that marks the 44th anniversary of the approval of the Constitution of the Portuguese Republic, in the same space where the country’s Basic Law was approved: the Assembly of the Republic. Fact that was not ignored by the Prime Minister
“44 years ago, no one dreamed that today we would celebrate, thus, the approval of the Constitution”, pointed out António Costa, recalling that, this Thursday, it is also a month since the diagnosis of the first case of Covid-19 in the country.
Recalling that in the next 15 days, the country will enter the most critical phase of fighting the pandemic, the Prime Minister considered “absolutely essential” that the state of emergency be renewed and asked the Portuguese for some more effort, pleading with them to celebrate Easter at home, away from their villages.
“The real way we have to stop this pandemic and move as little as possible”, stressed António Costa, promising that the reopening of the school year will be analyzed, on the 7th, with “the maximum of restraint”.
On the other hand, the prime minister insisted on leaving a harsh word to those who are taking advantage of the pandemic crisis, exploring the fear it causes in people. António Costa referred to those who are “abusing in industrial relations”, the “attempted economic exploitation” and the “authority to impose unjustified restrictions on rights, freedoms and guarantees”.
In fact, something pointed out harshly by PCP and BE. “The Government has to protect jobs and wages”, stressed the national coordinator of the Left Bloc, Catarina Martins, thus demanding more measures to protect jobs and wages.
The parliamentary leader of the CP, João Oliveira, agreed that what is needed is to stop “the law of the jungle against workers” and abusive dismissals using coercion and threats. “” This pandemic poses health, economic and social problems. None of this requires a state of emergency “, considered João Oliveira, thus justifying the PCP ‘s abstention.
“It’s anything goes,” reinforced the ENP parliamentary leader, José Luís Ferreira, arguing that “it is not the state of emergency that allows the government to provide the necessary answers” than the country at this time of epidemic crisis.
“Democracy is not suspended and the fight against this pandemic cannot be limited by fundamental rights”, justified, in his turn, the only deputy João Cotrim Figueiredo, the reason why the Liberal Initiative voted against the renewal of the state of emergency .
Monitor the news in Portugal and give us reports. Would you like to help us?
SCP can only publish correct and confirmed information. This means that we have great demands on both our sources and our volunteers.
We are looking for volunteers who have experience in either analysis or research type work who are used to valuing news and facts, to supplement our team during this period of crisis.
Precisely we need help in supplementing our team providing short daily situation reports for events happening in Portugal.
If you are fluent in both Portuguese and English, it would be very helpful if you can contribute with some translation work from Portuguese to English and also help monitor information in Portuguese from official sources such as DGS.
Further on, we will need a person who is used to working with websites with a documented security or civil protection background.
You must also be able to write good English. If you feel you are the right person and want to contribute under Covid-19, please email info@safecommunitiesportugal.com with a brief description of your experience.
Together we can help keep the community in Portugal up to date!”
The Prime Minister, António Costa, said this Wednesday that the Government gave a favourable opinion to the renewal of the state of emergency, after the Council of Ministers.
After the extraordinary meeting of the Council of Ministers, Costa spoke to journalists and said that he will meet on Thursday with the President of the Republic, Marcelo Rebelo de Sousa, who may enact the extension of the state of emergency. The measures proposed by the Government will also be discussed for approval by Parliament on Thursday.
The prime minister said that “the government has given its assent to renewing the period of state of emergency”. “The behaviour of the population has been exemplary, it is a very difficult effort to make,” he added.
About the reopening of schools, Costa recalled, as Marcelo had mentioned on Tuesday, that the Government will meet on the 7th and that on the 9th it will present “the decisions about the school year”.
“This month is the decisive month for us to control the pandemic. Easter will have to be different than usual. It is a message that we have to pass on to our compatriots abroad, whom we ask that, this time, spend Easter on their current residence, being certain that, if they come, they will have to be confined in their homes “, said the Prime Minister.
“The decision is absolutely exceptional, which demonstrates the scale of the seriousness of the situation and the sacrifice it represents for thousands of families. We must be very cautious in applying these sacrifices.”
The Government’s opinion goes for discussion and approval in the Parliament, on Thursday, for later decision and decree of the President of the Republic
In the PDF here, you find important and clear information from the Government about how to understand and comply the “State of Emergency”. Please read carefully and share.