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: 0270/C/2012

Title: Using personal data to make building sales leaflets

Content:

    On the advertising flyers of Real Estate Company A, included were the personal data of flat owners’ names, marital status, addresses, and so forth, which are information originated from the Real Estate Status Reports. This Company asked whether the above conformed to the Personal Data Protection Act (Law 8/2005).

Result:

    As Citizen A failed to provide detailed and specific information, 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, the data processing of the current enquiry is subject to the Law aforementioned.
  According to Article 6 of the same Law, Real Estate Company A should comply with the legitimacy requirement therein before processing personal data. If processing legitimacy was originated from the explicit consent of a data subject, then such consent must be given under free and specific circumstances, and the data subject must be informed. Moreover, a data subject is free to withdraw his consent. If the legitimacy of Company A only came from the explicit consent of a data subject, and when the consent is withdrawn, legitimacy no longer exists.
  In accordance with Article 5 of the same Law, Company A is also required to comply with the principle of proportionality for processing personal data. In other words, Company A should consider, for promotional purposes, whether it is necessary to include flat owners’ personal information on the flyers.
  About applying, and the authorization required for using, a Real Estate Status Report, please refer to the Real Estate Registration Code. Under its Article 1, the main objective to register a real estate is to publicise the legal status of a real estate, as a safeguard to the safety of real estate transactions.

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

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