Administrative Rule no. 915/2009, of 18 August
Published in D.R. number 159 (Series I) of 18 August 2009
(This is not an official translation of the law)
Ministérios da Administração Interna, da Justiça e das Obras Públicas, Transportes e Comunicações(Ministries for Internal Administration, Justice and Public Works, Transport and Communications)
Law no. 32/2008, of 17 July, transposed to the national legal order Directive 2006/24/EC, of the European Parliament and the Council, of 15 March 2006, on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks.
Administrative Rule no. 469/2009, of 6 May, laid 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 related data necessary to identify the subscriber or registered user, must operate, pursuant to Law no. 32/2008, of 17 July.
This Administrative Rule, on its turn, aims to establish a trial period of about three months, in order to further address the functionality and usability of the software, as well as to enable a steady adjustment of professionals to the new working procedures.
In the course of this trial period, communications may be performed electronically through the software, or in the traditional way, while maintaining the safety requirements of transmitted data and files.
Pursuant to paragraph 3 of article 7 of Law no. 32/2008, of 17 July, to paragraph 3 of article 94 of the Penal Procedure Code and paragraph 3 of article 176 of the Civil Procedure Code, the Government, through the Ministers of Internal Administration, Justice and Public Works, Transport and Communications, hereby decrees as follows:
Addition to Administrative Rule no. 469/2009, of 6 May
The following Article 6-A is hereby added to Administrative Rule no. 469/2009, of 6 May:
1 – The use of the software provided for in the preceding paragraphs is optional during the respective trial period, which runs up to 30 November 2009.
2 – In the course of the trial period, requests for data and replies from providers which were not submitted through the software, shall be performed in the traditional way, reply files, prepared pursuant to paragraph 3 a) and b) of article 3, being submitted in CD-ROM.»
Entry into force
This Administrative Rule takes effect on the day following that of its publication.
The Minister of Internal Administration, Rui Carlos Pereira, on 7 August 2009. - For the Minister of Justice, José Manuel Vieira Conde Rodrigues, the Assistant Secretary of State and for Justice, on 5 August 2009. - For the Minister of Public Works, Transport and Communications, Paulo Jorge Oliveira Ribeiro de Campos, the Assistant Secretary of State and for Public Works and Communications, on 10 August 2009.
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