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: 0073/2015/IP

Title: An association displayed a notice for suspension of tournament that contained the data of a player. Such information was also given in a press release submitted to a newspaper.

Reason: Complaint

Brief:

    The Complainant took part in a tournament, organized by Association A, and was penalized for suspension of one year.  Later, the Complainant found that this incident was reported in Newspaper B.  The coverage contained his name and details of the suspension.  He also found that the tournament regulations of Association A did not specify the uses and data recipients of the participants’ personal data.  He was also told by others that Association A displayed a notification, in a stadium it managed, that contained his name, player card and the details of the suspension.  The Complainant was in the view that what Association A has done violated the Personal Data Protection Act (PDPA).  

Analysis:

    Pursuant to Article 4(1)(1) and 3(1) of the PDPA, the current case is subject to this Law. 
  With regard the allegation that Association A displayed in public the notification that contained the Complainant’s personal data, it pointed that this document had been submitted to the team of the Complainant early on. Not only not including any information with regard his player card in the notification, this document also has never been put up anywhere in the stadium.  Since the Complainant failed to provide concrete evidence, the aforementioned was undemonstrated. 
  The press release, contained the Complainant’s personal data, as provided by Association A to Newspaper B, on the other hand, should fulfill the conditions of legitimate processing given in Article 6 of the PDPA.  The available information showed that the tournament has been very popular amongst the public and this has been organized for years by Association A.  Association A submitted the press release to Newspaper B aimed to encourage more participation from the public, in addition that the result is important for the event.  Moreover, a press release would allow the public to be updated with latest news of the tournament, which is a legitimate purpose that Association A in pursuit of and in line with the condition of legitimate processing as provided for in Article 6(5) of the PDPA.
  According to Article 3 to 5 of the Press Law (Law 7/90/M), Newspaper B, being a press media, enjoys press freedom and news coverage is a legitimate interest that it is in pursuit of.  By comparison, the data subjects’ interests or rights do not precede its legitimate interests.  These showed that what Newspaper B did was in compliance with the conditions of legitimate data processing in the current case. 
  As this was an open tournament and the press coverage did not contain any information relating to the Complainant’s identity, but rather covered the schedules, results and the disciplinary sanctions given to the teams, which are directly relating to the tournaments.  Based on these, the press release given by Association A did not violate Article 5 of the PDPA.  Pursuant to the Press Law, only Courts can examine the limitation and applicability of press freedom.  To examine whether the coverage of Newspaper B is beyond the principle of proportionality, in other words, is not within the legal competence of the Office for Personal Data Protection (GPDP). 
  Meanwhile, the GPDP also reminded Association A to comply with Article 10 of the PDPA, as well as formulating its own Personal Data Protection Statement or establishing personal data processing policies.   Moreover, information as required by Article 10(1) of the PDPA should be specified on its core documents that are used to collect personal data (for instance, its application form), as a bid to protect the right to information enjoyed by the tournament players. 

Result:

    The GPDP has already informed Association A and the Complainant of the investigation result.  This case was closed. 

Reference:
Please refer to Article 3, 4, 5, 6 and 10 of the Personal Data Protection Act and Article 3, 4, and 5 of the Press Law.

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