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: 0594/C/2012

Title: Driving school entrusted to handle driving test application

Content:

    Citizen A applied for a driving test through Driving School A. He was asked to leave his original identity card so that the School can assist to apply for a test at the Transport Bureau on behalf of him. . Citizen A requested Driving School A to issue a declaration for leaving his original identity card but was refused by the School.
  Citizen A asked whether Driving School A breached the “Personal Data Protection Act”?

Result:

    In the absence of detailed information about the case, which the inquirer could have provided, GPDP can only make the following guidelines on the general requirements for personal data processing:
  According to the regulations of the Transport Bureau, it is required to present the original identity card for a driving test application. If Citizen A wants to entrust Driving School A for assisting the application, but refuse to give his identity card to the School, he could have to consider other solutions such as: first going to the Transport Bureau in person for identity documents verification and then submitting the certified copies to the Driving School for application, or going to the Transport Bureau with the representative of Driving School A for the application. For more details should enquiry with the Transport Bureau. If Citizen A wants to entrust Driving School A for the application and thereby gives his original identity card to the School, it is not considered as Driving School A retains his identity card.
  As for Citizen A requested Driving School A to issue a statement as a condition to entrust Driving School A for the application, Driving School A may decide whether to accept it or not, as there is no relevant legal provisions stated.
  In general, since the dispute in this case was just the dispute over the intent and conditions of Citizen A to entrust Driving School A for assisting to apply for a driving test and not regarding the process of Citizen A’s personal data, it does not fall within the scope of the “Personal Data Protection Act”. However, if Citizen A agrees to entrust Driving School A for the application, then the School must comply with the “Personal Data Protection Act” when processing Citizen A’s personal data.

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

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