個人資料保護辦公室

Gabinete para a Protecção de Dados Pessoais

Office for Personal Data Protection

Updated:2013/12/02
Question:
What are the consequences of an enterprise not abiding by its personal data collection statement in running its surveillance on employees?

Answer:
The purpose of making a personal data collection statement is to ensure that the employees’ rights to information are respected and protected, and that breach of law by the employer is prevented. The employer who does the monitoring must inform the employees in advance of the purposes and scope of the monitoring, as well as the type of data to be collected and how long the data will be kept, among other things. If an employer fails to adhere to his or her statement, in breach of the Personal Data Protection Act, he or she may have committed a crime or an administrative offence. For example, if an employer denies the employees their right of access to their personal data, which may constitute an administrative offence, he or she may be subjected to a fine of MOP4,000 to MOP40,000 (see Article 33). If an employer uses collected personal data for a purpose different from that of the surveillance, he or she may have committed a crime (see Article 37), and may be punishable with up to one-year imprisonment and a fine of 120 days.

Back

Avenida da Praia Grande, N.º 804, Edif. China Plaza, 17.º andar, Macau Tel:(853) 2871 6006 Fax:(853) 2871 6116