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: 0035/C/2011

Title: A superior disclosed staff work reports

Content:

    Resident A stated that his superior asked staffs to submit work reports regarding their individual work, which include information such as individual performance assessments, suggestions and thoughts. Also, each staff member had to sign his or her work report.
  Resident A asked whether it was a breach of the “Personal Data Protection Act” if the superior revealed and disclosed the work report of one colleague to other colleagues without his or her consent.

Result:

    In the absence of detailed information about the case, such as the specific information that was included in the work reports, along with the purpose and means used by the superior to disclose the work reports to other colleagues, 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 6 of the said Act, data controllers can process the personal data with legitimacy only after obtaining the consent of the data subjects or in the situations permitted by law. Otherwise it might breach the terms of the “Personal Data Protection Act”.
  GPDP recommended that Resident A should first ask his superior about the purpose of and reasons for revealing the work reports to other colleagues. If Resident A believes that the superior is breaching “Personal Data Protection Act”, he should provide concrete evidence regarding the case to GPDP and file a complaint or report.

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

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