MACAU SAR, CHINA Law and Practice Contributed by: Pedro Cortés and Luís Rôlo, Lektou – Advogados e Notários
pose or several related purposes. The public author - ity may authorise the simplification of, or exemption from, notification for specific categories of processing which, taking account of the data to be processed, are unlikely to adversely affect the rights and freedoms of the data subjects. In allowing this simplification or exemption, the authority will also consider the speed, economy and efficiency of the relevant processing. The authorisation of simplification shall be published in the Official Gazette of the Macau SAR and must specify: the purposes of the processing; the data or category of data to be processed; the category or cat - egories of data subjects; the recipients, or categories of recipients, to whom the data may be disclosed; and the length of time the data is to be stored. There are exemptions from notification, such as those for processing whose sole purpose is the keeping of a register which, according to laws or administrative regulations, is intended to provide information to the public and which is open to consultation by the public in general or by any person demonstrating a legitimate interest. The texts of these generic authorisations are available at the PDPB’s official website. Authorisation Prior authorisation by the PDPB is required for some types of processing. These include the processing of sensitive data (where it is not carried out pursuant to a legal provision or it is carried out without the explicit consent of the data subject), data related to the credit and solvency of the data subject, and the combination of data and further processing of data for purposes other than those originally stated by the controller. For this purpose, sensitive data means personal data revealing philosophical or political beliefs, political association or trade union membership, religion, pri - vate life, and racial or ethnic origin, and data con - cerning health or sex life, including genetic data. The authorisations for these types of processing shall be granted only if the controller provides guarantees of non-discrimination and sufficient security measures (indicated in the PDPA).
Applications submitted to the PDPB for opinions, authorisations and notifications shall include the fol - lowing information: • the name and address of the controller and of their representative, if any; • the purposes of the processing; • a description of the category or categories of data subjects and of the data or categories of personal data relating to them; • the recipients or categories of recipients to whom the data might be disclosed and in what circum - stances; • the body entrusted with processing the informa - tion, if it is not the controller themselves; • any combinations of personal data processing; • the length of time for which personal data will be kept; • the form and circumstances in which the data subjects may be informed of, or may correct, the personal data relating to them; • proposed transfers of data to third countries or ter - ritories; and • a general description enabling a preliminary assessment to be made of the adequacy of the measures taken to ensure security. Without prejudice to the right to submit a complaint to the public authority, according to the law any person may have recourse to administrative and legal means to guarantee compliance with provisions of laws and regulations in the area of personal data protection. The PDPB is empowered to enforce those provisions of the PDPA that are of an administrative nature, under the PDPA and the Administrative Regulation 42/2023. Criminal cases are reported to, and handled by, the To start proceedings relating to alleged violations, the PDPB must first take into account the actions of the alleged infringers, including the type of action and the intention of the agent, under the general admin - istrative standards. Non-compliance with the special security measures required by Article 16 of the PDPA – for sensitive data processing and for the creation and maintenance of records regarding suspicion of illegal Public Prosecutor’s Office. Administrative offences
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