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: 0072/2015/IP

Title: A vehicle photo found in a public notice

Reason: Complaint

Brief:

    According to the Complainant, Company A, the company that was responsible for the building management in the current case, earlier put up public notices that contained a photograph of his vehicle.  The notices, which were put up in the building area, revealed his license plate number and parking space number.  The notices were publicized without his prior consent and, therefore, he filed a complaint with the Office for Personal Data Protection (GPDP).

Analysis:

    In the current case, the photo posted by Company A contained both the Complainant’s license-plate and parking space data.  According to paragraph 1(1) of Article 4 and paragraph 1 of Article 3 of the Personal Data Protection Act (PDPA), processing of such data should be governed by the same Law.
  According to the notice provided by the Complainant, his car was clearly shown parking outside the parking lot lines.  As some drivers parked their cars outside the marked space or even occupied the public aisles, the fire protection and parking order were undermined, Company A explained. For this reason, Company A, having obtained the authorization from the building management committee, put up public notices that showed the photos of those cars which were parked without complying the parking regulations.  The GPDP is in the opinion that the personal interests of the said car owners did not prevail over the legitimate interests of other car park users; as a consequence Company A fulfilled the criterion of legitimate data processing as laid down in paragraph 5 of Article 6 of the PDPA.
  Company A, in addition, claimed that it had put up another public notice to remind drivers to follow the parking regulations, but no improvement was achieved.  As a consequence, following the building management committee’s recommendation and with its consent, Company A decided to put up the public notice of the current case, in which the Complainant’s personal data was revealed.
  Company A attempted to remind users to respect the parking regulations through the public notices but no improvements were found. Finally, in order to remind users again, it decided to put up the notices that contained photos of the cars which were not parked according to the regulations; as a consequence, the license plate and parking space data were revealed.  However, the notices were put up in the internal area of the building, and no information justified that the data contained in the photos had been used for purposes other than car park management.  Therefore, Company A did not violate paragraph 1(2) and 1(3) of Article 5 of the PDPA. 

Result:

    The GPDP informed both Company A and the Complainant the investigation results.  This case was closed.

Reference:
Please refer to Article 3, 4, 5 and 6 of the Personal Data Protection Act.

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