個人資料保護辦公室

Gabinete para a Protecção de Dados Pessoais

Office for Personal Data Protection

Complaint Case Notes
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No: 0010/2007/IP

Title: A “Report on Overdue Management Fees” were posted inside a building by the Management Committee

Reason: Complaints

Brief:

    The Management Committee of the owners association of a multi-storey residential Building A had urged various owners to pay outstanding management fees many times and did not get to anywhere. So on top of sending the owners registered letters stating the amounts they owe, the committee also put up a “Report on Overdue Apartment and Parking Space Management Fees” in the lobby of the building, publicizing relevant flat numbers, parking space numbers, dates, number of months behind on payments and amounts due.
  Resident X believed that the Management Committee’s conduct violated the Personal Data Protection Act, and filed a complaint with this Office (GPDP).

Analysis:

    In accordance with the provisions in articles 4.1.(1) and 3.1 of the Personal Data Protection Act, the data processing involved in this case is within the scope of regulation by the said Act.
  The management committee explained it was exercising its management power provided by the “Internal Operations Charter for the Building Management Committee and Supervisory Committee”, which had been approved by the owners association of the multi-storey residential building. The owners were also aware of relevant means of dealing with overdue payments.
  In GPDP’s opinion, In reference to relevant regulations in the “Civil Code” and the “Internal Operations Charter for the Building Management Committee and Supervisory Committee”, which has been approved by the Multi-storey Building Owners Association, the Management Committee of the Multi-storey Building Owners Association must carry out its duties of managing the building according to law. The management committee’s processing of the residents’ personal data for this purpose is legitimate, as it conforms to Article 6.(2) of the “Personal Data Protection Act”.
  The Management Committee put up a notice containing the addresses of the owners who failed to pay management fees after receiving the first reminder notices. The purpose was to carry out the duties of managing the building and protect the interests of all the members of the owners association. Moreover, the relevant means of dealing with overdue payments had been approved by the owners association, thus the data processing conformed to Article 5 of the “Personal Data Protection Act”.
  In summary, the Management Committee did not violate any legal provision in the Personal Data Protection Act. The case should be closed.

Result:

    GPDP sent letters to Resident X and the Management Committee, informing them about the analysis and decision.

Reference:
Please refer to "Personal Data Protection Act", articles 3,4,5,6 .

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