Regulation Of The Video-Surveillance Law

• Published date: 10 January 2022
• Subject Matter: Media, Telecoms, IT, Entertainment, Privacy, Mobile & Cable Communications, Data Protection
• Law Firm: PLMJ
• Author: Mr Pedro Lomba, N'dia da Costa Ribeiro, Renata Valenti and Paula Bento Neto

1. Introduction

Law 2/2020 of 22 January (the "VideoSurveillance Law") establishes the legal framework applicable to the authorisation, installation and use of video-surveillance systems for capturing, recording and processing images and sound. The law is based on a fundamental notion: security.

There was a need to intervene by legislating on this matter to maintain public safety and to help all entities involved in matters of this nature.

As a result, on 21 December 2021, the Angolan Executive approved the Regulation on the Law on Video Surveillance (Presidential Decree 318/21 - the "Regulation"), which sets out the technical criteria and procedures that allow for the installation and use of video surveillance systems.

This Regulation specifies the scope of application of the Law.

In addition to increasing the security of Angolan citizens, this Regulation allows state agencies to (re)assert themselves as the main guarantors of public order and security.

2. Changes / specific provisions

Many of the issues addressed in the Regulation are already covered by the Video-Surveillance Law, but the Regulation specifies the matters identified below:

a. Definitions

First of all, the Regulation defines the concept of fixed and mobile cameras.

Fixed cameras are cameras installed at a certain point to view a predetermined field. Mobile cameras are cameras with their own technical characteristics that may allow them to be placed in a motorised vehicle, for the purposes of video-surveillance.

Thus, a drone will be a mobile camera if it allows images to be captured. However, under the terms of the Law on Video-Surveillance, private entities cannot use mobile cameras for video-surveillance purposes.

Additionally, the Regulation defines videosurveillance as a system comprising a set of fixed cameras (analogue or digital) in a closed circuit, with the capacity to transmit image and sound to a central NVR (network video recorder) for video management.

b. Authorisation procedure

• Authorising entity: requests for authorisation to install video-surveillance systems must be sent to the Minister for Public Security and Internal Affairs
• Information accompanying the application: in addition to the items already defined in article 12 of the Video-Surveillance Law, the application for authorisation should also indicate the location of the cameras and the IT registration certificate
• Submission of the application: authorisation applications must be submitted to the Angolan National...