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:
The employees’ right to objection is a legal right. Does it mean that employees may refuse to provide personal data to employers? What is a substantial reason?

Answer:
Employers need to collect employees’ basic personal data in order for daily administrative, staff welfare and other legal obligations to be fulfilled. If employees refuse to provide their personal data, they must have interests at stake that are more important than that of the employer, for their reasons to qualify as substantial. However, while employees’ personal data generally does not embody substantial interests, if employees refuse to provide any data which employers has no means to obtain, there would be no basis for establishing the employer-employee relationship between them.

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