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: 0094/2011/RP

Title: Requests for tourists’ departure and entry information for investigation

Content:

    The Public Security Police (PSP) consulted the GPDP about Macao Government Tourist Office (DST)’s request of tourists’ departure and entry information for investigating illegal accommodation.

Result:

    Under its Articles 3 and 4(1)(1), the Personal Data Protection Act (Law 8/2005) applies to any data related to identified or identifiable natural persons.
  Since PSP failed to provide adequate information, so the GPDP could not make detailed analysis or recommendations. However, in general, Law 3/2010 provides that DST is the statutory authority to govern illegal accommodation. The latter, for its supervisory duties, has the legitimacy to request the personal data from public authorities, like the PSP, for instance, of those who are related to flats or buildings suspected of providing illegal accommodation under Article 6 (4) of the Law previously mentioned. Articles 2 and 5 of the same Law state the principles to observe when processing personal data, such as the principle of proportionality. Therefore, PSP, when performing its duty to collaborate, shall observe this principle and autonomously examine the types of data as shall be provided.
  If the DST wishes to obtain recommendations on a specific case from the GPDP, it may submit the information stipulated by Article 23 of the Personal Data Protection Act, and provide reasons as to whether the data processing is in conformity with Articles 2 and 5 of the same Law.

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

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