The GPDP provides here some complaint and enquiry case summaries and answers to some frequently asked questions, as reference for better understanding of the Personal Data Protection Act and related issues about personal data protection.
Please note that the information provided here is for reference only, similar cases may not necessarily lead to the same result, and you should seek legal advices for your particular situations when appropriate.
個人資料保護辦公室
Gabinete para a Protecção de Dados Pessoais
Office for Personal Data Protection
No： 0496/C/2011
Title： Talking about residents’ personal data in workplace publicly
Content：
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When Resident X was entering the border checkpoint of Macao, X overheard the staff on duty, of the public department managing the there, discussing the personal data of someone who passed the checkpoint. X enquired the GPDP whether these staff members violated the Personal Data Protection Act. |
Result：
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In the absence of detailed case information, the GPDP could only provide general opinion for the data processing involved.
In accordance with Articles 4(1)(1) and 3(1) of the Personal Data Protection Act (Law 8/2005), the said processing is regulated by this Law.
Under Article 15 of the said Law, it provides that a data controller shall take appropriate security measures to protect personal data against unauthorized alteration, dissemination or access. Apart from that, under Articles 18 and 41 of thereof, if anyone is, while discharging his duties, informed of the personal data of others, he is bound by the duty of professional secrecy. If this person discloses or disseminates part or all of the personal data without due reasons or consent, he is liable to criminal responsibilities.
However, GPDP could not determine if the said discussion violated the Law previously mentioned, without obtaining specific details of the case (for example, the recognition details of the staff, the nature of their work, the contents of the personal data discussed, the place and the reason that the discussion took place, identities, objectives and situation at that time, and so forth). If X has any detailed information and believed that the discussion is in violation of the Personal Data Protection Act, he may file a report with the GPDP. In addition, if X believed that the discussion will result in disciplinary liabilities, he may inform the public department where the staff worked for. |
Reference：
Please refer to "Personal Data Protection Act", articles 3，4，15，18，41 . |
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