In Portugal, the law regulating photography and cinematography is based on copyright and personal data protection principles. According to the Portuguese Copyright Law (Lei n.º 9/86), photographs and films are considered original works and are protected under copyright law. This means that the creator of a photograph or film has exclusive rights over it and that it cannot be used without their permission, except in certain circumstances.
In terms of personal data protection, the General Data Protection Regulation (GDPR) applies in Portugal, which establishes that personal data can only be processed if the data subject has given their consent. This means that if someone is taking a photograph or making a film that contains the image of an individual, they must obtain the consent of that person before doing so. If the image is being taken for commercial purposes, the consent must be explicit.
Additionally, it is worth noting that there are specific restrictions on the use of cameras in public spaces in Portugal. According to the Portuguese Criminal Code (Código Penal), it is prohibited to take photographs or films in certain public spaces, such as military installations or areas with restricted access, unless authorized by the competent authorities.
It is also worth mentioning that there are restrictions on the use of drones for photography and cinematography in Portugal. According to the Portuguese Civil Aviation Authority (Autoridade Nacional de Aviação Civil), drones must not be flown over urban areas, populated areas, industrial or commercial areas, or within 5 km of an aerodrome, unless authorized by the competent authorities.
In conclusion, Portugal’s law restricts photography and cinematography by protecting copyright and personal data, as well as by establishing restrictions on the use of cameras in certain public spaces and the use of drones for photography and cinematography. It is important for photographers and filmmakers to be aware of these restrictions and to comply with them in order to avoid legal consequences.
Sources:
- Portuguese Copyright Law (Lei n.º 9/86)
- General Data Protection Regulation (GDPR)
- Portuguese Criminal Code (Código Penal)
- Portuguese Civil Aviation Authority (Autoridade Nacional de Aviação Civil)
