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: 0301/C/2011

Title: Certificate submitted as proof for marriage leave application

Content:

    Resident A applied for marriage leave in Company B, where he works. Company B required that Resident A submit a copy of the marriage certificate after completion of the marriage registration procedures. As Resident A’s spouse, Resident C, is not an employee of Company B, and the marriage certificate does not contain her ID number, Company B asked Resident A to provide Resident C’s ID card number for their records.
  Resident A asked whether Company B’s demand on Resident A to provide Resident C’s ID card number breached the “Personal Data Protection Act”.

Result:

    Based on the inquirer-provided information about the case, GPDP would make the following response:
  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.
  Under the terms of Article 6 of the “Personal Data Protection Act”, Company B can process the personal data legitimately only with the consent of Resident A or in other situations permitted by law (such as to execute a contract, or to perform legal obligations,). If the contract entered into between Resident A and Company B contains a clause stating that Resident A must provide marriage certificate data, including data on the spouse, to apply for marriage leave, then Company B would be entirely entitled to collect the relevant personal data of Resident C legitimately.
  Moreover, under Article 5 of the same law, Company B must be collecting the personal data for specific, explicit and legitimate purposes and for purposes directly related to its corporate activities. As such, Company B should collect and certify the data which is directly related to the marriage leave application.
  Regarding the existing laws and regulations in Macau, both the “Labour Relations Law” and “Regulations on Workers of the Public Administration” mention that documentary proof needs to be submitted when applying for a marriage leave. However, neither of them state the specific types of documents required. In general, a marriage certificate will be sufficient when applying for marriage leave.
  GPDP recommended that Resident A should ask Company B about the objectives in collecting Resident C’s ID data, as well as their policies in this area. He should then decide whether or not to submit the relevant data.

Reference:
Please refer to "Personal Data Protection Act", articles 3,4,5,6 .

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