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17 June 2014
Processing personal data in Macau should be conducted in accordance with the Personal Data Protection Act (Law 8/2005, August 22 2005).
The purpose of this law is to ensure that the processing of personal data is carried out transparently and with strict respect for an individual's privacy and other fundamental rights, freedoms and guarantees.
In this context, the law establishes:
The law also applies to video surveillance and other forms of capturing, processing and disseminating sound and images allowing persons to be identified, provided that the controller (ie, the natural or legal person, public entity, agency or any other body that determines the purposes and means of processing personal data) is domiciled or based in Macau.
Personal data may be processed only if the data subject has unambiguously given his or her consent, or if processing is necessary:
Sensitive data, such as personal data revealing philosophical or political beliefs, political society or trade union membership, religion, privacy and racial or ethnic origin, and the processing of data concerning health or sexual activity, including genetic data, shall be prohibited. Notwithstanding this, sensitive data may be processed without express consent, provided that there are guarantees of non-discrimination and adequate security measures, when one of the following conditions applies:
Processing data relating to health and sexual activity, including genetic data, shall be carried out if it is necessary for the purposes of preventive medicine, medical diagnosis, the provision of healthcare or treatment or the management of healthcare services, provided that:
The transfer of personal data to a destination outside Macau may, in principle, take place subject only to compliance with Law 8/2005 and provided that the legal system of the destination ensures an adequate level of protection.
The Office for Personal Data Protection is the public authority established under the Dispatch of the Chief Executive 83/2007 to supervise and coordinate the public implementation of and compliance with Law 8/2005 in order to establish professional secrecy regulations and supervise their implementation.
In 2012 the Office for Personal Data Protection received 990 enquiries relating to personal data – 989 of which were completed – from both private entities and individuals. This number corresponds to an increase of 33.8% when compared with 2011 figures. A large portion of these enquiries concern the legitimacy of processing personal data.
Since its creation in 2007, the Office for Personal Data Protection has faced an increasing number of requests, demonstrating greater awareness and concern about personal data protection, to which the information campaigns and awareness events performed by the office have contributed.
For further information on this topic please contact Pedro Cortés or Marta Mourão Teixeira at Rato Ling Vong Lei & Cortés Advogados by telephone (+853 2856 2322), fax (+853 2858 0991) or email (firstname.lastname@example.org or email@example.com). The Rato Ling Vong Lei & Cortés Advogados website can be accessed at www.lektou.com.
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