The CNPD's assessment focuses on the draft decree-law that
transposes a Community directive aimed at ensuring the interoperability of
electronic road toll systems throughout the European Union (EU) and
facilitating the cross-border exchange of data on vehicle and owner
registration of vehicles for which toll fees have not been paid in EU
countries.
In case of debts, the directive imposes the setting of a
period for the storage of personal data, determining that the Member States
have to ensure that the data provided to the responsible entity are used
exclusively for the purposes of obtaining the road fee due, being immediately
erased when paid, and may if the debt persists, be maintained for a
“reasonable period”.
In this context, and taking into account the provisions of
the draft decree-law, the CNPD notes that “there is an imbalance between that eight-year
deadline [provided for in the draft decree-law] and the directive's option for
a 'reasonable period'”, says the CNPD, emphasising that, not being presented or
being able to intuit “any reason that justifies that option”, the deadline
seems “excessive”.
The CNPD also recommends that the Government revise the articles in the draft diploma relating to the necessary information on non-payment and the initiation of procedures and debt collection, considering that the diploma does not establish or regulate “the channels or means of communication for obtaining personal data”.
Related articles: