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Recordings and Privacy in TVDE Services in Portugal

In this article, we explain the rules for video and audio recording on TVDE in Portugal and the legal framework regarding privacy and data protection.

Video or audio recording in TVDE activity requires compliance with privacy and data protection rules.

What is at stake?

Whenever a driver records image, sound, voice, faces and licence plates, they are dealing with personal data.

In Portugal, this data is protected by:

  • the General Data Protection Regulation (GDPR)

  • Law No. 58/2019 (implementation of the GDPR in Portugal)

  • guidelines issued by the Portuguese Data Protection Authority (CNPD)

 

Can a TVDE driver record passengers?

General rule

  • It is not permitted to:

    • continuously record trips

    • record "just in case"

  • Recording passengers’ image or audio requires a legal basis or explicit consent

  • The interior of the vehicle, while providing the service, is not considered the driver’s private space

Carrying out TVDE activity with recordings made illegally may lead to legal issues.

 

Video recording inside the vehicle

Recording the interior of the vehicle:

  • may capture private conversations

  • allows individuals to be identified

  • interferes with the right to privacy

Therefore:

  • it is not permitted as a regular practice

  • it may only be considered in very specific, exceptional, and justified situations

  • even in exceptional situations, data protection rules continue to apply

 

Exceptional security situations

In situations such as:

  • real threats

  • assault

  • serious conflict

a justified and occasional recording may be assessed on a case-by-case basis.

However:

  • it does not legitimize permanent recordings

  • it does not exempt compliance with privacy rules

  • it must be limited to what is strictly necessary

 

Recordings through TVDE platforms

Some platforms provide their own security tools, such as:

  • audio recording initiated through the app

  • internal reporting mechanisms

  • systems with specific data protection rules

These solutions:

  • inform users

  • limit access to recordings

  • are legally safer than cameras installed by the driver

 

Passengers’ rights

Passengers have the right to:

  • privacy during the trip

  • protection of their image and voice

  • be informed if any type of recording exists

Failure to comply with these rules may lead to:

  • complaints

  • proceedings before the CNPD

  • fines

  • suspension or deactivation of the driver’s account on TVDE platforms

This content is for informational purposes only and does not replace consultation of applicable legislation or guidance from the competent authorities.