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: 0427/C/2011

Title: The issue of academic groups or educational institutions posting or publishing the photos of students/trainees

Content:

    Resident A stated that some academic groups or educational institutions post or publish photos of activities which containing clear images of students/trainees in various activities on campus/indoors, outdoors, online and other locations.
  Resident A asked whether this conduct breached the “Personal Data Protection Act”.

Result:

    In the absence of detailed information about the case, which the inquirer could have provided, the 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. For example, the execution of contract, fulfilling legal obligations, implementing implementing community charters and school/educational institution regulations.
  According to Article 12 of the “Personal Data Protection Act”, the data subject has the right to object by providing legitimate and compelling reasons regarding his or her particular situation, against further processing of his/her personal data by the data controller. If the objection is justified, the data controller should stop processing their personal data immediately. Otherwise the data controller may risk committing an administrative offence.
  For information on the publication of personal data on the internet, A can refer to the “Guidelines on Publication of Personal Data on the Internet” issued by GPDP.

Reference:
Please refer to "Personal Data Protection Act", articles 3,4,6,12 .

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