個人資料保護辦公室

Gabinete para a Protecção de Dados Pessoais

Office for Personal Data Protection

Enquiry Case Notes
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No: 0016/C/2011

Title: Company receives copies of ID cards in an interview

Content:

    During a job interview with Company A, Resident I was instructed to submit a copy of his ID card and then await notification. However Company A did not employ Resident I in the end. Resident I believed that Company A made use of the copy of the ID card he submitted to cheat the foreign labor quota from the Government.
  Resident I asked whether the fact that Company A acquired a copy of his ID card breached the “Personal Data Protection Act”.

Result:

    In the absence of detailed information about the case, which the inquirer could have provided, GPDP can only make the following response on the general requirements for personal data processing:
  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.
  According to Article 11 of the “Personal Data Protection Act”, Resident I has the right of access to demand that Company A provide information, such as the objective of processing personal data, the type of information being processed, the recipients or category of recipients.
  In GPDP’s opinion, in general, and taking into account the objective of recruitment, the company asks for the copies of the candidates’ identity cards during the interview to confirm their resident status, their age (whether or not they have achieved majority). This is in compliance with the principle of proportionality determined in Article 5 of the “Personal Data Protection Act”. Regarding the issue as to whether Company A made use of Resident I’s ID card left to cheat the foreign labor quota from the government, it is outside GPDP’s competence. Resident I may render this issue to the competent departments or file a report directly to the police authorities.

Reference:
Please refer to "Personal Data Protection Act", articles 3,4,5,11 .

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