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:
A government agency organised a staff tour to the mainland, hoping that it would help on-job training, tension reduction and enhancing staff efficacy. However, the staff were required to give their ID document numbers when enrolling for the activity. Was that practice against the Personal Data Protection Act?

Answer:
  According to No. 1 (1) of Article 4 and Article 3 of the Personal Data Protection Act, ID document number is a piece of personal data of an identified person; therefore, processing such data is subject to the provisions of the Act. Article 6 of the Act provides that personal data may be processed only with the explicit consent of the data subject, or under the circumstances specified under (1) to (5) of that article. Besides, pursuant to the provisions of Article 5 of the Act, personal data should be processed in a legal manner and in compliance with the principle of good faith as well as the general principles of data processing under Article 2, with data collected for given, express, legitimate purposes that are relevant to the data controller’s businesses.
  Several points of the case need to be clarified. Namely, whether it was the agency which required the collection of the staff’s ID numbers, or whether the agency was merely acting as a subscriber to a tour conducted by another institution which might require the collection of data such as the ID numbers; what were the purposes for which the agency collected the staff’s ID numbers; whether the collection was compulsory, etc. This Office finds the provided information inadequate for judging whether the agency is in breach of the Personal Data Protection Act, as those points remain to be clarified by the enquirer.
  If the enquirer has questions about the purposes and uses of the agency’s collection of its staff’s personal data, he or she may exercise the right to information and to access provided for by Articles 10 and 11 of the Personal Data Protection Act, by asking the agency to clarify these points of concern.

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