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: 0024/C/2012

Title: Emergency contact information for recruiting purposes

Content:

    Engineering Company A (a contractor), through Engineering Company B, a sub contractor, recruited employees for a project. Engineering Company B submitted to Engineering Company A the personal data of the employees, including their identity card numbers and phone numbers. The latter information is only used to contact employees’ families in case of emergency.
  Engineering Company A asked whether it has the rights to use the personal data for recruitment of other projects.

Result:

    Because Citizen A failed to provide detailed and specific information about the case, the GPDP could only provide the following opinions based on general personal data processing.
  According to Articles 4(1)(1) as well as 3(1) of the Personal Data Protection Act (Law 8/2005), the data processing in this enquiry is subject to the same Law.
  The personal data processing of Engineering Company A conforms to the legitimacy, originated from explicit consent of the data subjects, in Article 6 of the said Law. However, in accordance with its Article 5(1)(3), the processing of data by Engineering Company A cannot deviate from its original purposes. Therefore, if the data collected was used for recruitment and beside from the original purposes, it may have violated Article 5 of the same Law.
  In addition, Engineering Company A should notice the scope of the data processing, even to which the employees have explicitly consent, and should consider whether their consent was aimed for the data controller’s certain project recruitment or any of its projects.
  If Engineering Company A and B are both controllers, they are both required to fulfill the concerned obligations. If Engineering Company A was the data recipient, Engineering Company B should pay attention to its legitimacy in data transfer.

Reference:
Please refer to "Personal Data Protection Act", articles 3,4,5,6 .

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