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Published in D.R. number 42 (Series I) of 2 March 2010
Ministérios da Administração Interna, da Justiça e das Obras Públicas, Transportes e Comunicações (Ministries of Internal Administration, Justice and Public Works, Transport and Communications)
Law No. 32/2008 of 17 July transposes Directive No. 2006/24/EC of the European Parliament and of the Council of 15 March, on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks, into national legislation.
Administrative Rule No. 469/2009 of 6 May lays down the technical and security conditions under which electronic communications for the transmission of traffic and location data on natural persons and legal entities, as well as of related data necessary to identify the subscriber or registered user, must operate, pursuant to Law No. 32/2008 of 17 July.
Meanwhile, Administrative Rule No. 915/2009 established a trial period in order to enhance and expand the functionality and usability of the information technology application and allow professionals to make a gradual adjustment to new working procedures, allowing, at that time, that communications could be conducted electronically through an application or in the usual way, while maintaining the security requirements with respect to the authentication of data and of transmitted files.
During the experimental period, it was found that there was a need to continue to further develop the actions providing for the adjustment of the various participants to the use of the new information technology tools, enabling, with their full implementation, more frequent use of the various features offered.
Whereas it is crucial that, in the process of change and at all stages of the process, mechanisms and procedures which enhance the security of communications, such as those arising under paragraph 3 of article 7 of Law No. 32/2008 of 17 July, be ensured, in order to guarantee their fitness for their legally prescribed purposes, the objective of the present administrative rule is to extend the trial period for a further six months, thereby putting conditions in place which allow for effective use and adaptation of users and of systems to the full implementation of Community rules, respecting high standards of information security.
Under the provisions of paragraph 3 of article 7 of Law No. 32/2008 of 17 July, of paragraph 3 of article 94 of the Code of Criminal Procedure and of paragraph 3 of article 176 of the Code of Civil Procedure, the Government, through the Ministers for the Interior, for Justice and for Public Works, Transport and Communications, orders the following:
The extension of the trial period
The trial period provided for in Article 6A of Administrative Rule No. 469/2009 of 6 May, as amended by Administrative Rule No. 915/2009 of 18 August, is extended for a period of six months.
Production of effects
The present Administrative Rule shall take effect on 01 December 2009.
Entry into force
The present Administrative Rule shall enter into force on the day following its publication.
The Minister of Internal Administration, Rui Carlos Pereira, on 19 January 2010. - Minister of Justice, Alberto de Sousa Martins, on 19 January 2010. - The Minister of Public Works, Transport and Communications, António Augusto da Ascenção Mendonça, on 25 February 2010.