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: 0035/C/2012

Title: Building management posted a resident list showing their residential management charges

Content:

    The said resident list was posted, by the building management, in the public areas of Building A where Resident X lives. On this list, address details of the residents were shown. However, an owners’ committee has not been established for this Building. Resident X asked the GPDP whether the said practice of the building management conforms to the Personal Data Protection Act (Law 8/2005).

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 said Law, the data processing in the current enquiry is subject to the Personal Data Protection Act.
  In addition, in accordance with Article 6 of the same Law, the management company of Building A has the rights to process the personal data with the explicit consent of the building residents, or under other circumstances, including the execution of a contract, discharging legal obligations, and so forth.
  In addition, the building management therein is also required to conform to the principle of proportionality determined in Article 5 of the same Law. For this reason, Resident X could ask the management about the purpose of posting the list or, alternatively, if there are any other ways to process the data. If it is considered as violating the Personal Data Protection Act, Resident X could file a complaint with the GPDP.

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

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