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: 0038/2011/RP

Title: Requiring to provide the list of insurance intermediaries and the total number of agents

Content:

    The lawyer of Insurance Company A asked Bureau X to provide the list of insurance intermediaries working for insurance companies during a particular period of time; and the total number of insurance agents, during a particular period of each year, that work for insurance Company A and Company B. Therefore, Bureau X consulted GPDP for this matter.

Result:

    Concerning the information requested by the lawyer, if the insurance intermediaries are legal entities, then such information is not taken as personal data. On the other hand, the total number of agents as mentioned is not personal data either. Thus, the Personal Data Protection Act does not apply.
  Under Articles 4(1)(1) and 3(1) of the Personal Data Protection Act (Law 8/2005), this Law regulates the natural person data requested by the lawyer. If the data contained in the list is only general personal data, the processing legitimacy thereof should be in accordance with Article 6 of the same Law. However, if involved is data of sensitive nature, or suspiciously related to unlawful activities (actividades ilícitas), criminal offenses (infracções penais), administrative offenses (infracções administrativas), the legitimacy under Article 7 or Article 8 of the Law should be achieved.
  If any of the legitimacy as governed by the said Law is fulfilled, in addition the data recipients as laid down in Bureau X’s privacy policies include this lawyer, to whom the mentioned information could be passed. If the data required is taken as confidential data, to its processing the Administrative Procedural Code also applies. Moreover, Bureau X could also make reference to the Lawyers’ Regulations (Estatuto do Advogado).
  If Bureau X intends to consult GPDP for a specific case, it could file an application, in writing, under Article 23 of the Personal Data Protection Act, as well as taking into account Article 6 for the processing legitimacy of personal data. Furthermore, it could provide reasons whether the data processing is in line with the Articles 2 and 5 of the same Law, so that GPDP can proceed with detailed analysis.

Reference:
Please refer to "Personal Data Protection Act", articles 2,3,4,5,6,7,8,23 .

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