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: 0039/C/2011

Title: Publicizing the entry and retirement data of civil servants

Content:

    Civil Servant X asked whether the act of publishing the entry and retirement data of the staff by Government Bureau A without their consent 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 6 of the “Personal Data Protection 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. According to Article 7 of the “Regulations on Workers of the Public Administration”, authorized by Decree No. 87/89/M, of December 21st, occurrences such as examinations, appointments, contract renewals, long-term leave without pay, dismissals, contract cancellations and retirements must be publicized in “Macao Special Administrative Region Official Gazette”. Therefore, Government Bureau A is still entitled to publicize the relevant data in the “Macao Special Administrative Region Official Gazette” without consent of the data subjects, it. As such, Government Bureau A has the right to process the relevant personal data with legitimacy under the terms of Article 6 “Personal Data Protection Act”.
  According to Article 10 of the “Personal Data Protection Act”, Government Bureau A must respect the right to information of the data subjects, and should provide such persons with the pertinent information, such as the purposes of processing the personal data, the recipients of the data or the categories of the data recipients.
  GPDP recommended that Civil Servant X should ask Government Bureau A about the purpose of and reasons for publicizing the entry and retirement data. If Civil Servant X believes that department A is breaching the “Personal Data Protection Act”, he should t provide concrete evidence regarding the case to GPDP and file a complaint or report.

Reference:
Please refer to "Personal Data Protection Act", articles 3,4,6,10 .

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