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”.

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