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: 0048/C/2012

Title: Installing a fingerprint attendance system

Content:

    Company A installed a fingerprint attendance system, to this collecting the fingerprints of employees is necessary. Company A consulted the GPDP whether collection as such conforms to the Personal Data Protection Act (Law 8/2005).

Result:

    According to the detailed information provided, the GPDP made the following response:
  According to Articles 4(1)(1) as well as 3(1) of the Personal Data Protection Act, the data processing found in the current enquiry is subject to the Personal Data Protection Act.
  In addition, under Article 6 of the said Law, Company A could achieve the legitimacy to collect and further process the fingerprint data of its employees by obtaining their explicit consent or having clearly specified in its contract. Under special circumstances, Company A could also possess the legitimacy if it can prove its legitimate interests override the interests or rights, freedom and guarantees of the data subjects. The employees, based on their legitimate and compelling reasons, have the rights to oppose to the processing of their fingerprint data by Company A. When an objection is justified, Company A should not proceed with the processing. An objection is justifiable or not will depend on specific circumstances.
  With regards to the fingerprint attendance system, please refer to the document issued by the GPDP, the On Using Attendance Devices of Biometric Technologies Other than Fingerprint or Hand-geometry Identification.

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

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