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： 0552/C/2011
Title： Facial identification attendance control system
Content：
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Company A consulted the GPDP whether using the facial biometric clocking system violates the Personal Data Protection Act. |
Result：
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In the absence of detailed case information, the GPDP could only provide the following opinions based on general data processing.
Under Articles 4(1)(1) and 3(1) of the Personal Data Protection Act (Law 8/2005), this Law regulates the data processing of the aforementioned system.
Regarding the personal data processing of the facial biometric clocking system, it is recommend consult the guidelines issued by the GPDP, including the On Using Facial Identification Attendance Control Systems; the Issues Relating to Using Fingerprint/Hand Geometry Devices to Check on Work Attendance; and the On Using Attendance Devices of Biometric Technologies Other Than Fingerprint or Hand-geometry Identification. Among them, legitimacy in data processing should be paid special attention to.
On the other hand, under Article 21 of the Law previously mentioned, if personal data is processed by automated means, the GPDP should be notified, in writing, within 8 days after the initiation of the processing. Generally, the use of facial biometric clocking system involves automatic processing of personal data. Therefore, Company A should observe the above regulations and fulfill the relevant legal obligations. |
Reference：
Please refer to "Personal Data Protection Act", articles 3，4，6，21 . |
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