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: 0012/2009/IP

Title: Shops posted images of suspect shoplifters derived from their surveillance systems.

Reason: Reports

Brief:

    This Office (GPDP) received several reports from citizens alleging that certain commercial shops were in the practice of posting in their business premises images of suspect shoplifters derived from their surveillance systems. The reporters claimed that this violated the Personal Data Protection Act.

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.
  In GPDP’s opinion, the fact that as of now the practice of shops posting suspect shoplifters’ images was to some extent common in Macao. This kind of processing data subjects’ images constituted a deviation from the security purposes in non-compliance with Article 5 of Personal Data Protection Act, which might have constituted an administrative offence or crime (see Articles 33 and 37 of the same Act).
  Pursuant to the provisions of the Personal Data Protection Act, in fulfilling function of supervising and coordinating public compliance and implementation of the law, GPDP issued its Opinion 02/P/2009/GPDP, with a view to instilling in the shop operators a clear understanding of how the Personal Data Protection Act requires them to process personal data and what legal consequences they will face if they do not abide by the law. It is hoped that this Opinion will help them rectify any of their illegal practice as soon as possible, and thus avoiding further breaching of the law.

Result:

    GPDP sent letters to those shops involved and demanded that they rectify their practice, by immediately stopping posting any suspect shoplifters’ images, and destroying the related image data.
  The shops concerned have implemented the rectification requirements in compliance with the advisory of GPDP.
  GPDP also published this legal Opinion.

Reference:
Please refer to "Personal Data Protection Act", articles 3,4,5,33,37 .

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