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: 0059/2011/RP

Title: Transferring personal data outside the MSAR

Content:

  Firm A consulted GPDP about the application for transferring personal data outside the MSAR.

Result:

    The data that Firm A intends to transfer outside Macao include the identity document numbers of its clients and employees and other data. In accordance Articles 4(1)(1) and 3(1) of the Personal Data Protection Act (Law 8/2005), the processing of this case is regulated by the same Act.
  Articles 19 and 20 of the said Law regulate the transferring of personal data outside the MSAR, to which Article 19(2) provided that the transfer will be decided by the GPDP, by considering whether there is an adequate level of protection governed by the law of the destination country. To this, Firm A must submit the relevant data to GPDP. Moreover, this Law also laid down circumstances that justify derogations, stating that even when the legal system of the destination country to which they are transferred does not or cannot ensure an adequate level of protection, transfer is allowed as long as the data controller comply with Article 20 of the same Law.
  Thus, GPDP recommends that, if Firm A has already obtained the consent of its clients and employees, or such is stated clearly by the terms and conditions in the service contract they signed, it only has to notify GPDP the transfer, under Article 20(1) of the Personal Data Protection Act. Otherwise, for GPDP to review the case, Firm A is required to submit the series of information to GPDP under Article 19(2) of the same Law, in particular the laws and normative documents the destination enacted for personal data protection.
  Finally, for transferring personal data outside the MSAR and applying for the automated personal data processing, the applicants should complete Personal Data Processing Declaration Form, in the official languages of Macao (Chinese or Portuguese), and submit it to the GPDP.

Reference:
Please refer to "Personal Data Protection Act", articles 3,4,19,20 .

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