O âmbito de aplicação material da legislação de proteção de dados pessoais e o tratamento de imagem por pessoa singular

Images have gained a never before seen importance. Technological changes have given the Information Society extraordinary means to capture, treat and transmit images, wheter your own or those of others, with or without a commercial purpose, with no boundaries of time or country, without “any kind of eraser”. From the several different ways natural persons may engage in image processing with no commercial purpose, the cases of sharing pictures through social networks and video surveillance assume particular relevance. Consequently there are growing legitimate concerns with the protection of one's image, since its processing may sometimes generate situations of privacy invasion or put at risk other fundamental rights. With this in mind, the present thesis arises from the question: what are the existent legal instruments in Portuguese Law that enable citizens to protect themselves from the abusive usage of their own pictures, whether because that image have been captured by a smartphone or some video surveillance camera, whether because it was massively shared through a blog or some social network? There is no question the one's right to not having his or her image used in an abusive way is protected by the Portuguese constitution, through the article 26th CRP, as well as personally right, under the article 79th of the Civil Code, and finally through criminal law, articles 192nd and 193rd of the Criminal Code. The question arises in the personal data protection context, considering that one's picture, given certain conditions, is personal data. Both the Directive 95/46/CE dated from 1995 as well as the LPD from 1998 are applicable to the processing of personal data, but both exclude situations of natural persons doing so in the pursuit of activities strictly personal or family-related. These laws demand complex procedures to natural persons, such as the preemptive formal authorisation request to the Data Protection National Commission. Failing to do so a natural person may result in the application of fines as high as €2.500,00 or even criminal charges. Consequently, the present thesis aims to study if the image processing with no commercial purposes by a natural person in the context of social networks or through video surveillance belongs to the domain of the existent personal data protection law. To that effect, it was made general considerations regarding the concept of video surveillance, what is its regimen, in a way that it may be distinguishable from Steve Mann's definition of sousveillance, and what are the associated obligations in order to better understand the concept's essence. The application of the existent laws on personal data protection to images processing by natural persons has been analysed taking into account the Directive 95/46/CE, the LPD and the General Regulation. From this analysis it is concluded that the regimen from 1995 to 1998 is out of touch with reality creating an absence of legal shielding in the personal data protection law, a flaw that doesn't exist because compensated by the right to image as a right to personality, that anyway reveals the inability of the Portuguese legislator to face the new technological challenges. It is urgent to legislate. A contrary interpretation will evidence the unconstitutionality of several rules on the LPD due to the obligations natural persons are bound to that violate the right to the freedom of speech and information, which would be inadequate and disproportionate. Considering the recently approved General Regulation and in the case it becomes the final version, the use for natural person of video surveillance of private spaces, Google Glass (in public and private places) and other similar gadgets used to recreational purposes, as well as social networks are subject to its regulation only if the images are shared without limits or existing commercial purposes. Video surveillance of public spaces in all situations is subject to General Regulation provisions.

A videovigilância no local de trabalho

The emergence of new technologies has introduced significant changes in the citizens life’s. There is a constant evolution of technological means and profound impact of their use in the habits of life of the human being. These new technological media are important tools in labor relations. The working and businesses worlds are increasingly turning to these new technologies, so that the use of video surveillance in the workplace is nowadays common. New technologies in general and the use of video surveillance in workplace in particular are providing ways to allow control of the work performance that are desired by most employers. However, the collection of images in the workplace often collides with the fundamental rights and freedoms of workers, in particular, with the right to privacy. The subject concerns the question of investigating is whether the images collected in workplace can be used as evidence in disciplinary proceedings. In fact, this issue is controversial. Doctrine and jurisprudence defend, at least, two responses for the same question. Those who understand that the evidence may be admitted for not violate any right of the worker, and others who argue that the evidence should not be admitted in disciplinary office. In the Portuguese legal system, there is, even, a new intermediate theory that begins to be defended, that only on certain occasions the evidence may be admitted. The solution to this problem involves the study of employment law and data video surveillance processing. Analysis of workers fundamental rights is fundamental to come to a grounded conclusion.

The role of temporary accommodation buildings for post-disaster housing reconstruction

The number of houses damaged or destroyed after disasters is frequently large, and re-housing of homeless people is one of the most important tasks of reconstruction programmes. Reconstruction works often last long and during that time, it is essential to provide victims with the minimum conditions to live with dignity, privacy, and protection. This research intends to demonstrate the crucial role of temporary accommodation buildings to provide spaces where people can live and gradually resume their life until they have a permanent house. The study also aims to identify the main problems of temporary accommodation strategies and to discuss some principles and guidelines in order to reach better design solutions. It is found that temporary accommodation is an issue that goes beyond the simple provision of buildings, since the whole space for temporary settlement is important. Likewise, temporary accommodation is a process that should start before a disaster occurs, as a preventive pre-planning. In spite of being temporary constructions, these housing buildings are one of the most important elements to provide in emergency scenarios, contributing for better recovery and reconstruction actions.

Da falsa integração do espectador na TV informativa

As actuais potencialidades tecnológicas abrem, perante o (tele)spectador, a promessa de um ilusório empowered user que se vai construindo alicerçado na narrativa mítica da omnipotência, tornada modo verbal e complemento directo da promessa moderna da omnividência. No entanto, os plateaux informativos da televisão portuguesa do século XXI ainda não vêem no telespectador um elemento estruturante do seu trabalho. São escassos os programas que abrem o alinhamento à participação do público e aqueles que o fazem atiram-no para margens que pouco ou nada interferem no desenvolvimento das emissões. Neste artigo, analisamos a integração dos telespectadores em 1673 emissões informativas, distribuídas por seis canais de televisão (RTP1, SIC, TVI, SICN, RTPN, TVI 24). Trata-se de uma investigação que desenvolvemos no âmbito do projecto “Jornalismo televisivo e cidadania”.

Insider threats: the major challenge to security risk management

Security risk management is by definition, a subjective and complex exercise and it takes time to perform properly. Human resources are fundamental assets for any organization, and as any other asset, they have inherent vulnerabilities that need to be handled, i.e. managed and assessed. However, the nature that characterize the human behavior and the organizational environment where they develop their work turn these task extremely difficult, hard to accomplish and prone to errors. Assuming security as a cost, organizations are usually focused on the efficiency of the security mechanisms implemented that enable them to protect against external attacks, disregarding the insider risks, which are much more difficult to assess. All these demands an interdisciplinary approach in order to combine technical solutions with psychology approaches in order to understand the organizational staff and detect any changes in their behaviors and characteristics. This paper intends to discuss some methodological challenges to evaluate the insider threats and its impacts, and integrate them in a security risk framework, that was defined according to the security standard ISO/IEC_JTC1, to support the security risk management process.

Child abuse monitor system model: a health care critical knowledge monitor system

The Childhood protection is a subject with high value for the society, but, the Child Abuse cases are difficult to identify. The process from suspicious to accusation is very difficult to achieve. It must configure very strong evidences. Typically, Health Care services deal with these cases from the beginning where there are evidences based on the diagnosis, but they aren’t enough to promote the accusation. Besides that, this subject it’s highly sensitive because there are legal aspects to deal with such as: the patient privacy, paternity issues, medical confidentiality, among others. We propose a Child Abuses critical knowledge monitor system model that addresses this problem. This decision support system is implemented with a multiple scientific domains: to capture of tokens from clinical documents from multiple sources; a topic model approach to identify the topics of the documents; knowledge management through the use of ontologies to support the critical knowledge sensibility concepts and relations such as: symptoms, behaviors, among other evidences in order to match with the topics inferred from the clinical documents and then alert and log when clinical evidences are present. Based on these alerts clinical personnel could analyze the situation and take the appropriate procedures.

Proteção da privacidade em sistemas de dados

Dissertação de Mestrado em Engenharia Informática

The quantified-Self and wearable technologies in the workplace: implications and challenges for their implementations

Introduction of technologies in the workplace have led to a dramatic change. These changes have come with an increased capacity to gather data about one’s working performance (i.e. productivity), as well as the capacity to track one’s personal responses (i.e. emotional, physiological, etc.) to this changing workplace environment. This movement of self-monitoring or self-sensing using diverse types of wearable sensors combined with the use of computing has been identified as the Quantified-Self. Miniaturization of sensors, reduction in cost and a non-stop increase in the computer power capacity has led to a panacea of wearables and sensors to track and analyze all types of information. Utilized in the personal sphere to track information, a looming question remains, should employers use the information from the Quantified-Self to track their employees’ performance or well-being in the workplace and will this benefit employees? The aim of the present work is to layout the implications and challenges associated with the use of Quantified-Self information in the workplace. The Quantified-Self movement has enabled people to understand their personal life better by tracking multiple information and signals; such an approach could allow companies to gather knowledge on what drives productivity for their business and/or well-being of their employees. A discussion about the implications of this approach will cover 1) Monitoring health and well-being, 2) Oversight and safety, and 3) Mentoring and training. Challenges will address the question of 1) Privacy and Acceptability, 2) Scalability and 3) Creativity. Even though many questions remain regarding their use in the workplace, wearable technologies and Quantified-Self data in the workplace represent an exciting opportunity for the industry and health and safety practitioners who will be using them.

MemoBoard familiar

Dissertação de mestrado integrado em Engenharia e Gestão de Sistemas de Informação

A morte em cuidados intensivos: uma reflexão fenomenológica sobre a experiência dos enfermeiros

Dissertação de mestrado em Enfermagem da Pessoa em Situação Crítica

DNA evidence collecting in criminal investigation: Portuguese and Thai legal approaches

Doctoral Thesis in Juridical Sciences (Specialty in Public Legal Sciences)

Videovigilância: privacidade e segurança: análise especial da situação do trabalhador

Dissertação de mestrado em Direitos Humanos

O impacto das redes socias na cessação do contrato de trabalho: liberdade de expressão versus justa causa de despedimento

Dissertação de mestrado em Direito e Informática

El control electrònic com a pena

El control electrònic s'ha aplicat a l'àmbit comparat, principalment, com a instrument de control de l'arrest domiciliari com a mesura cautelar i com a pena, i també en l'àmbit penitenciari junt a formes de compliment de la pena de presó en semillibertat. Des d'una justificació retribucionista de la pena es pot acceptar el control electrònic perquè té suficiència punitiva, pot aplicar-se de forma proporcional i no es degradant. D'altra banda, una justificació utilitarista de la pena accepta el control electrònic perquè redueix la delinqüència. Tot i que la seva aplicació a l'àmbit comparat no ha estat majoritàriament com a alternativa a la presó, es tracta d'un instrument que pot conferir credibilitat i potencial reduccionista a un sistema de penes alternatives. A l'ordenament espanyol pot considerar-se una mesura susceptible de ser aplicada dins el marc constitucional, malgrat afecti a determinats drets fonamentals. La seva previsió normativa com a pena i a l'àmbit penitenciari es molt escassa i presenta diversos problemes interpretatius. Quant a la seva aplicació a España, es reduïda a l'àmbit penitenciari i pràcticament inexistent com a pena. La credibilitat i potencial reduccionista que pot aportar el control electrònic a un sistema de penes alternatives permet defensar l'ampliació del seu ús al nostre ordenament en els supòsits ja previstos normativament i en d'altres de nous.