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Video recording in TVDE cars: how optional video recording works

The new law allows images to be recorded inside TVDE cars, but surrounds that possibility with conditions. Here is article 19-A read paragraph by paragraph: who switches the camera on, who sees the images, how long they are kept and what can never be done with them.

The short answer

Video recording inside TVDE cars has been allowed since 1 September 2026, but it is optional, switched off by default and only works on a specific trip if the passenger and the driver expressly accept it. It records images only, never sound. The images are encrypted, nobody involved in the trip can see them and they are deleted after 30 days at most. Only the authorities can access them, and only because of an incident.

All of this is new. Law no. 45/2018 said nothing at all about cameras. The regime was added by Law no. 59/2026 as article 19-A, titled "Optional video recording inside the vehicle". The general summary is on the vehicles page; here we go into detail.

Who provides it: the platform, not the driver

Paragraph 1 of article 19-A assigns the feature to electronic platform operators, who "may make it available through their platform". It is an option for the platform, not a duty. A platform may simply not offer any recording at all.

The purpose is closed: recording exists "exclusively for the safety of users and drivers". That word, exclusively, is the key to the whole article. Anything that is not safety is left out.

The law does not say what equipment is used, who installs it in the car or who pays for it. It only says the feature is made available through the platform and that the platform operator is the controller responsible for processing the images (para. 6). These practical details will depend on each platform.

Off by default and accepted trip by trip

Paragraph 2 is perhaps the most important for everyday use. The feature "is switched off by default" and can only be activated "for a specific trip". So there is no yes given once and for all in the account settings. Each trip is a decision.

Activation depends on three cumulative conditions:

prior, clear and prominent information to the passenger before booking each trip;
information to the driver before accepting the job;
express acceptance by both.

If either of them does not accept, there is no recording. And the existence of recording must be signalled in the app and inside the vehicle, in clear and easily perceptible terms (para. 5). A notice hidden in the terms and conditions does not comply with the law.

The passenger has the right to travel without a camera

Paragraph 4 requires a platform that offers recording to let the passenger book the trip without video, with no price increase or penalty. The only exception is when no alternative vehicle is available at the time of booking. And if the passenger does not accept recording, they can cancel the trip without penalty.

Images only, never sound

Paragraph 3 is categorical: recording "may only cover the capture and recording of images, and the capture, recording or processing of sound is prohibited". No consent makes sound recording lawful, not even in the name of safety. A system that records audio, even if it deletes it straight away, is capturing sound and breaks the law.

Encrypted images: who can actually see them

Here the law goes further than many people expect. Under para. 7, the images are encrypted and inaccessible to everyone taking part in the trip or the business: the platform operator, the TVDE operator, the driver and the passenger. Nobody can ask for "the trip video" to settle an argument about a dirty seat or a longer route.

Only three kinds of entity can access them: a judicial authority, a criminal police body or a competent administrative authority, always "under the law". And only when necessary to investigate or assess an incident related to one of four things: physical integrity, personal liberty, property or road safety.

Even within those entities, access is limited to specially authorised persons, with restricted access profiles, and is documented in audit logs identifying the date, time, grounds and the person who accessed them (para. 8).

30 days as a ceiling, not the rule

Paragraph 9 requires the images to be kept, in encrypted form, "for the period strictly necessary" for the safety purpose, and adds that this period may not exceed 30 days from capture. The 30 days are a maximum, not a fixed period. Once it ends, deletion is automatic.

There are two situations in which images may be kept longer: when an incident has been reported or when a competent authority requests it on reasoned grounds. Even then, retention is only "for the period strictly necessary". In practice, if you were the victim of an assault or a theft during a recorded trip, what matters is reporting the incident quickly, within the 30 days, so that the images are not deleted.

What is prohibited with the images

Paragraphs 10 and 11 shut the door on commercial and employment uses. It is prohibited to use the images for workplace monitoring, performance assessment, commercial assessment, pricing, profiling of users or drivers, advertising or any purpose other than safety. And it is prohibited to process them for facial recognition, biometric identification, emotion detection, automated behavioural analysis or any other extraction of biometric or behavioural characteristics.

what you can do

the platform offering image recording, for safety only
recording on a specific trip, with express acceptance by passenger and driver
the passenger refusing and travelling without a camera, at no extra cost
an authority accessing the images to investigate an incident

what you cannot do

recording sound, even with consent
leaving recording on by default or accepted once for all trips
the driver, the operator or the platform viewing the images
using the images to assess drivers, set prices or advertise
applying facial recognition or emotion analysis

Three real-life situations

The driver wants the footage to prove the passenger damaged the seat

not allowed

The driver has no access to the images, nor does the operator or the platform. Material damage may be an incident involving property, and then a competent authority may access the images if necessary to assess it. The way forward is to report the incident and, if appropriate, file a complaint. Not to ask the platform for the video.

The passenger refuses recording and only one car is available, with a camera

it depends

The law makes an exception for the unavailability of an alternative vehicle at the time of booking. In that case the platform may be unable to offer a trip without recording. But the passenger keeps the right to cancel without penalty if they do not accept video recording, and recording still depends on their express acceptance.

The driver refuses to switch the camera on for a trip

allowed

Activation requires express acceptance by both, so the driver can refuse. The law expressly protects the passenger against penalties, but does not say the same, in explicit words, about the driver. Even so, the images cannot be used for performance assessment or workplace monitoring, which makes it hard to justify consequences for a refusal.

What about a camera the driver installs on their own?

That is a different question, and the two should not be mixed up. Article 19-A only regulates the feature made available by the platform. A camera bought and installed by the driver, whether facing inwards or towards the road, is not regulated by the TVDE law. It does not have the off-by-default setting, the encryption, the 30-day period or the access reserved to the authorities, because none of that is applied to it by this law.

That does not mean it is unrestricted. Filming passengers is processing personal data, and the general data protection rules apply, which usually require at least a legitimate purpose, information to the people filmed and limits on retention. Mandatory equipment and common questions about cameras are on the equipment page.

Who is liable if the rules are broken

The controller responsible for processing the images is the platform operator that provides the feature, without prejudice to the liability of other entities (para. 6). Article 25, which lists the administrative offences of the TVDE regime, has no specific item for article 19-A. Instead, para. 13 of article 19-A refers to the penalty regimes for data protection and information security. The National Data Protection Commission (CNPD) already was, and remains, one of the supervisory bodies of the regime (article 24(h)).

Frequently asked questions

Is video recording mandatory in TVDE cars?

No. Article 19-A says platform operators "may make available" the feature. No platform is required to offer it and, when it does, it is switched off by default and only turned on for a specific trip if the passenger and the driver expressly accept it.

Can I refuse recording and still book rides?

Yes. A platform that offers recording must let you book the trip without video, at no extra cost and without penalty. The only exception is when no alternative vehicle is available at that moment. If you do not accept recording, you can cancel the trip without penalty.

Can the driver see the trip footage?

No. The images are encrypted and inaccessible to the platform operator, the TVDE operator, the driver and the passenger. Only a judicial authority, a criminal police body or a competent administrative authority can access them, and only when necessary to investigate or assess an incident involving physical integrity, personal liberty, property or road safety.

How long are the images kept?

For the time strictly necessary for the safety purpose, up to a maximum of 30 days from capture. After that, they are deleted automatically. The exception is a reported incident or a reasoned request from a competent authority, in which case they may be kept for the period strictly necessary.

Does the system record what is said inside the car?

It cannot. The law only allows image capture and recording and prohibits capturing, recording or processing sound, with no exceptions.

Can I install my own camera in the car?

Article 19-A applies only to the feature made available by the platform. A camera bought and installed by the driver is not regulated by the TVDE law and does not benefit from this framework. It is subject to the general data protection rules, which are demanding when people are filmed. Before installing one, seek advice from the CNPD (the Portuguese data protection authority) or a lawyer.