Enquiry Case Notes

編號: 0514/C/2012

標題: Providing personal data of employees living in the dormitory

查詢內容:

    Company A, as a lessee, concluded a lease contract with X, in order to rent some of his flats for its staff accommodation. To prove that the flat residents are not illegal workers, X, as a lessor, requested Company A to provide copies of the residents’ ID cards, Temporary Macao ID cards, and working certificates.
  Company A consulted the GPDP whether the request of X conforms to the Personal Data Protection Act (Law 8/2005) or not.

回覆內容:

    In the absence of detailed information about the case, the GPDP could only provide the following opinions based general personal data processing:
  According to Articles 4(1)(1) as well as 3(1) of the Personal Data Protection Act, the data processing of the current enquiry is subject to the same Law.
  The provisions of the genera legal regime for lease contracts do not mandatorily require the concluding parties’ ID copies. Therefore, Company A, in considering whether it has the duty to provide the said information, could ask X for the purposes and reasons to collect. If Company A complies to X’s request, it shall determine whether it fulfills the legitimacy requirements, as laid down in Article 6 of the Personal Data Protection Act, for instance, that are based on the explicit consent of the data subjects, for fulfilling legal obligations, etc.

註:
Please refer to "Personal Data Protection Act", articles 3,4,6 .