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: 0118/2011/RP

Title: A public department asked a college for information of its teachers, students and staff members

Content:

  A public department asked College A to provide information of its teachers, students and staff members and thus consulted the GPDP

Result:

    Under Article 4(1)(1) and 3(1) of the Personal Data Protection Act (Law 8/2005), the processing the current enquiry concerned is regulated by the same Law. However, due the inadequate information this college provided, GPDP could not make detailed analysis or specific recommendations.
  Under Article 6 of the Law aforementioned, the legitimacy in processing personal data may derive from the consent given by the data subjects or under other circumstances as provided for by laws (including exercising its power as a public authority). Articles 2 and 5 of the said Law, therefore, also state the principles to comply with in processing personal data, such as the principle of proportionality. In general, a public department may ask for personal data without consent of the data subjects if exercising its power as a public authority. Under such a circumstance, this public department is a data controller, and it should take the security measures in compliance with Article 15 of the same Law. In addition, in accordance with Article 14 thereof, against the data controller this person can have a claim for the loss he may have sustained if his data was processed unlawfully or in a way violated the legal provisions or regulations regarding personal data protection.
  In summary, College A should consider whether it is obliged to transfer data and whether the statutory duties of the public department allow it to receive such data. Therefore, College A may ask that public department for information on its purposes and the legal basis it could ask for such data.

Reference:
Please refer to "Personal Data Protection Act", articles 2,3,4,5,6,14,15 .

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