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: 0608/C/2012

Title: Resubmission of résumé after resignation

Content:

    Resident A previously worked for Company A. Not long after his resignation, he received a call from Company A asking him to resubmit his résumé, as they claimed that his data could not be found in their records. However, Resident A believed that Company A should not collect his résumé again since he had resigned.
  Regarding the aforementioned situation, Resident A would like to inquire whether Company A’s practice was in accordance with 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 Articles 4(1)(1) and 3(1) of the Personal Data Protection Act, data processing involved in this inquiry is within the scope of regulation by the said Act.
  In general, according to Article 13 of the Labour Relations Law, the employer is required not only to keep a record of the employee’s data but also keep the relevant data for at least 3 years after the termination of the labour relations. Although it has listed out types of the employee’s data that the employer is required to keep, but does not explicitly list out whether the employee’s résumé should be included. Hence, the inquirer can ask the Labour Affairs Bureau for whether the résumé is considered as an employee’s data that the employer must keep for record. If neither the law nor the contract specifies Company A has the right to collect the employee’s résumé, one should consider carefully the purposes and necessities for Company A to collect the résumé, and decide whether or not to submit it to Company A. At the same time, since Resident A has resigned, he should consider whether he is still obliged to submit his data to Company A according to some of the laws and contracts. If not, the submission of his résumé is purely up to his own decision.

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

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