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: 0697/C/2010

Title: Can guardians view the personal information of minors under their care?

Content:

    Resident A asked whether guardians had the absolute right to check the personal data of the minors under their care (including SMS, e-mail, diary, MSN records)?

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), 3.1 and 3.2 of the Personal Data Protection Act, the data processing involved in this case is within the scope of regulation by the said Act, except in situations that it is processed by a natural person within the scope of exclusively personal or household activities without systematic communication or transmission.
  In general, the act of guardians checking the data of minors under their care is defined as the processing of personal data exclusively within the scope of personal or household activities, and the “Personal Data Protection Act” will therefore not be applied. However, other legal provisions still need to be observed. As a matter of fact, although the parents’ custody is important, the privacy of children should be respected as well. Guardians should maintain a good balance between custody and the privacy of their children to build up mutual trust and respect.
  For further information on the issues involved with the custody of children, Resident A may consult the relevant provisions of the “Civil Code”. For additional information on the protection of the personal data of children, Resident A may consult the related documents adopted by the Article 29 Data Protection Working Party of the European Union, which are available on the website of the GPDP http://www.gpdp.gov.mo.

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

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