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: 0327/C/2011

Title: Suggestions of methods for the publication of candidate lists in recruitment examinations by government bureaus

Content:

    Resident A believes that it is inappropriate for government bureaus to publish the full names of candidates in Chinese and Portuguese in the process of the recruitment examinations. Resident A believes that the publication of the candidates’ surnames and application numbers would be sufficient and that it should avoid releasing the full names of candidates in Chinese and Portuguese.
  Resident A would like to know what provisions in the “Personal Data Protection Act” are applicable to the present case.

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.
  The “Regulations on Workers of the Public Administration” (hereinafter referred to as the “ETAPM”), authorized by Decree-Law No. 87/89/M, contains provisions regarding examinations for the recruitment of civil servants, such as compiling and announcing the provisional lists and definitive lists (see Articles 57, 58 and 67 of the “ETAPM”). All the provisions in the “ETAPM” are designed to ensure transparency, fairness and justice in the recruitment of civil servants. The publication of the candidate lists is one of the means to achieve this goal, by giving the public with the right of supervision. In carrying out the examinations for the recruitment of civil servants, the public department must process the personal data of candidates in accordance with the “ETAPM”. As there are no specific provisions regarding examinations for the recruitment of non-civil servant posts, the relevant principles of the “ETAPM” should be applied with consideration on the actual situation and the provisions of Law No. 8/2005(“Personal Data Protection Act”) (in particular the principles and data quality of processing personal data specified in Articles 2 and 5). The government bureaus may therefore, at their sole and absolute discretion, decide how to process the personal data of candidates.
  Regarding the case referenced by Resident A, GPDP considers that the publication of the lists containing the personal data of the candidates, including their names and results is permitted under the terms of the “ETAPM” and does not breach the terms of the “Personal Data Protection Act”.

Reference:
Please refer to "Personal Data Protection Act", articles 2,3,4,5 .

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