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: 0654/C/2011

Title: Personal data collected during a survey

Content:

    Resident X informed GPDP that earlier he received a phone survey from Company A. After it was completed, this Company asked for his name and telephone number for future contact.
  X asked whether the aforementioned violated the Personal Data Protection Act.

Result:

    In the absence of detailed case information, GPDP could only provide opinions based on general data processing:
  In accordance with Articles 4(1)(1) and 3(1) of the Personal Data Protection Act (Law 8/2005), this Law regulates the data processing found in this case.
  In accordance with Article 6 thereof, personal data can only be processed with a data subject’s explicit consent or in other situations permitted by law. In general, if there is no related regulation in the law, personal data collection during surveys can only be conducted with the data subject’s consent, and he should be free to consider whether to provide his personal data to the survey institution.

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

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