Enquiry Case Notes

編號: 0108/2011/RP

標題: Certified veterinarian list

查詢內容:

    The IACM and the Health Bureau reached a consensus for providing the latter a list of certified private veterinarians in Macao, each with a bachelor’s degree for studies in veterinary science (the list contained their names, educational background, the veterinary clinics they worked for and residential status, and so forth). The list was provided with the objectives to certify their status as “provisionally registered veterinarians”, for the regulations governing the use of narcotics and psychotropic drugs by veterinarians. For this matter, IACM consulted GPDP.

回覆內容:

    According to Articles 4(1)(1) and 3(1) of the Personal Data Protection Act (Law 8/2005), the data processing of the present case is within the regulatory scope of the said Law.
  About the IACM’s plan to provide the veterinarian list to the Health Bureau, the legitimacy governed by the said Law has to be taken into consideration. Decree-Law 34/99/M regulates the trading and legal use of narcotic drugs and psychotropic substance. Article 1(2) of this Decree-Law provides that an authorization must be obtained before the use of these substances. Article 5(1) also provides that the Health Bureau is the only entity who has the authority to issue, abolish and suspend the authorization as referred in the same Decree-Law. Article 5(1) of Law 17/2009 (Prohibition of Illegal Production, Trafficking, and Taking Narcotic Drugs and Psychotropic Drugs) also provides that it is regulated or authorized by, or a license has been issued or obtained from, the Health Bureau before the use of plants, substances and preparation as listed in Tables I to IV of the same Law, in addition that such use is supervised by the Health Bureau. Articles 1(1) and 9(1) of Decree-law 84/90/M provide that the Health Bureau is responsible for issuing licenses to the entities, in Macao, which provide private health care services. However, veterinarians are not within the scope of Article 2(1) of the Decree-Law last said. In accordance with its regulations, IACM is responsible for issuing and supervising veterinarian licenses.
  With regard the purpose of providing the said data, as given in IACM’s letter, GPDP believed that the “certification” as such should be stipulated by the corresponding laws and regulations. Otherwise, it is appropriate to provide the data for the Health Bureau for “supervision” in compliance with the existing legal system. If for the latter purpose, both the processing of the veterinarian data for supervising the operation of the veterinary industry and the supervision by the Health Bureau for the use of narcotic drugs and psychotropic substances, are safeguards of public interests in terms of public health.
  Therefore, to provide relevant data as such conforms with Articles 5(1)(2) and 5(1)(3) of the Personal Data Protection Act. In order to protect public health and to crack down the trafficking of narcotic drugs and psychiatric substance, both being public interests, it is necessary for the Health Bureau to obtain the information about the entities that are involved, in a bid to supervise the concerned activities locally. In view of this, GPDP believed that IACM has the legitimacy, under Article 6(4) of the Law last mentioned, to provide the veterinarian data to the Health Bureau.
  Under Articles 10 to 12 of the Personal Data Protection Act, GPDP believed that IACM, when providing to the Health Bureau the data of the veterinarians, should also inform them of the legal regulations concerned. In addition, if the provision of data between the Health Bureau and IACM is considered as data combination that is governed by Article 4(1)(10) of the said Law, the latter should obtain a permission from GPDP, as given in Article 22(1)(3) of the same Law. Moreover, they should adopt appropriate security measures to protect the personal data involved under Article 15(1) of the same Law.
  According to the documents IACM submitted to GPDP, they showed that the former has not informed GPDP of the processing of the veterinarian data. In accordance with Article 21(1) of the Personal Data Protection Act, should it involve automatic processing of the said data, IACM is required to notify GPDP.

註:
Please refer to "Personal Data Protection Act", articles 3,4,5,6,10,11,12,15,21,22 .