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: 0232/C/2012

Title: Passing customer data over to non-in-house lawyer

Content:

    Agency A passed its customer data, which contains details of customers’ bad debts, to a lawyer it commissioned so as to file lawsuits. Agency A consulted the GPDP whether passing the said information conforms to the Personal Data Protection Act.

Result:

    As 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 aforesaid is subject to the Personal Data Protection Act.
  The aforementioned lawyer is considered as the sub-contractor that Agency A commissioned for the processing of personal data. To this, Agency A should develop clear guidelines for the lawyer to process data of the bank customers. In addition, the lawyer is also bound by the obligation of professional secrecy.
  In accordance with Article 10 of the same Law, Agency A should also notice whether the customers have been informed that their personal data may be handed over to the lawyers under certain circumstances. In this way customers’ rights to information could be guaranteed.

Reference:
Please refer to "Personal Data Protection Act", articles 3,4,10 .

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