(b) outside national territory, but in a place where Portuguese law applies by virtue of
international public law;
(c) by a controller who is not established on European Union territory and who for
purposes of processing personal data makes use of equipment, automated or otherwise,
situated on Portuguese territory, unless such equipment is used only for purposes of
transit through the territory of the European Union.
4 – This Act shall apply to video surveillance and other forms of capture, processing and
dissemination of sound and images allowing persons to be identified, provided the
controller is domiciled or based in Portugal or makes use of a computer or data
communication network access provider established on Portuguese territory.
5 – In the circumstances referred to in paragraph 3 (c), the controller must designate, by
means of notification to the Comiss�o Nacional de Protec�o de Dados (CNPD), a
representative established in Portugal to replace him in all his rights and obligations,
without prejudice to his own liability.
6 – The preceding number shall apply where the controller is covered by the status of
extraterritoriality, immunity or any other status which precludes criminal proceedings.
7 – This Act shall apply to the processing of personal data regarding public safety,
national defence and State security, without prejudice to special rules in instruments of
international law to which Portugal is bound and specific laws pertinent to the respective
sectors.
(a) processed lawfully and with respect for the principle of good faith;
(b) collected for specified, explicit and legitimate purposes and not further processed in a
way incompatible with those purposes;
(c) adequate, relevant and not excessive in relation to the purposes for which they are
collected and/or further processed;
(d) accurate and, where necessary, kept up to date; adequate measures must be taken to
ensure that data which are inaccurate or incomplete, having regard to the purposes for
which they were collected or for which they are further processed, are erased or rectified;
(e) kept in a form which permits identification of their subjects for no longer than is
necessary for the purposes for which they were collected or for which they are further
processed.
2 – The storing of data for historical, statistical or scientific purposes for longer periods
than in (e) above may be authorised by the CNPD at the request of the controller in the
case of a legitimate interest.
3 – It shall be for the controller to ensure that the above numbers are complied with.
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