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: 0557/C/2011

Title: Personal data uploaded to web servers outside Macao

Content:

    Someone consulted the GPDP if the Personal Data Protection Act governs the uploading of personal data to servers outside Macao through a local Internet service provider.

Result:

    In the absence of detailed case information, the GPDP could only provide the following opinions based on general personal data processing:
  Under Article 3 of the Personal Data Protection Act (Law 8/2005), this Law applies to the personal data processing that takes place in Macao (such as the collection, use, transmission, destruction, etc.), as long as the data processing is not carried out in the course of a purely personal or household activity. Article 4(1)(1) also defines the concept of personal data.
  Although in the current inquiry personal data was said to be uploaded to web servers outside Macao through a local Internet service provider, but analysis should be based on specific information (identity of the person who operated the uploading, purpose and method of the processing, for example), which helps to determine if the Personal Data Protection Act applies. In the absence of detailed information, the GPDP could not judge whether this Law applies to the data processing aforementioned.

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

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