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: 0295/C/2011

Title: A building attendant registered the personal data of a domestic helper

Content:

    Resident A employed Domestic Helper B for a part-time position. Every time B goes to Resident A’s apartment to do housework, Building Attendant C demands that she register her name and identity card number. According to A, instead of registering the personal data of all the other foreign domestic helpers, C only registers the personal data of B. In addition, when C registers the personal data of B, reads her name out loud.
  Resident A asked whether C’s conduct 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.
  In general, and for legitimate security or building management purposes, the owners, users or administrators of a building have the right to collect the names and identity card numbers from visitors. Such a conduct does not breach Article 5.1.(2) of the “Personal Data Protection Act”, according to which personal data should be collected for the specific, explicit, legitimate purposes and purposes directly related to the activities of the data controller, and as long as the data processing afterwards does not deviate from the relevant purposes. Therefore, the data of the visitors collected by the building management office must not be used for any purpose other than security or management purposes. When processing the visitors’ data, they need to take Article 6 of the “Personal Data Protection Act”, into consideration, which states that they can only process the data with the consent of the data subject, or if one of the conditions provided in Articles 6.(1) to 6.(5) of the “Personal Data Protection Act” is met.
  The Building Attendant must keep all the personal information received in the performance his duties, strictly confidential, under the terms of Article 18.1 of the “Personal Data Protection Act”. Any breach of these provisions may constitute a crime.
  Regarding the situation reported by Resident A, as that Building Attendant C only registered the data of Domestic Helper B and not of all of the other foreign domestic helpers and that he read the name of Domestic Helper B out loud, GPDP can only proceed with its analysis based on the policy applied by the Owners’ Management Committee and the personal data policy applied by the management company. GPDP recommends that Resident A first report the case to the management company or the Owners’ Management Committee (if such exists) and in the meantime try to understand the relevant building management rules and regulations.

Reference:
Please refer to "Personal Data Protection Act", articles 3,4,5,6,18 .

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