MACAU SAR, CHINA Law and Practice Contributed by: Pedro Cortés and Luís Rôlo, Lektou, Advogados e Notários
Lektou, Advogados e Notários Avenida da Amizade, 555 Landmark Office Tower 23rd Floor Macau SAR
Tel: +853 2856 2322 Fax: +853 2858 0991 Email: mail@lektou.com Web: www.lektou.com
1. Legal and Regulatory Framework 1.1 Overview of Data and Privacy- Related Laws Data privacy and personal data protection are two rights enshrined by the legal framework of the Macau Special Administrative Region (Macau SAR or MSAR), which covers these two separate but related rights in a systematic and extensive manner. The most relevant pieces of legislation address - ing data protection and data privacy issues in Macau are: • the Macau Basic Law, enacted in 1999; • the Section of the Macau Civil Code on privacy and personal rights, enacted in 1999; and • Law No 8/2005, the Macau Personal Data Protection Act (PDPA). The latter is an act inspired by the former Euro - pean legislation on data protection, namely the European Union Data Protection Directive of 1995, and sets the legal framework for the pro - tection of personal data in Macau SAR.
Other legislation affecting this area that should be noted includes: • Administrative Regulation No 42/2023, effec - tive from 1 February 2024, which created the Personal Data Protection Bureau (PDPB); • a set of generic authorisations, legal opinions and case analyses that have been published by the PDPB on its official website; and • Law No 2/2012, on the legal regime for video surveillance in public spaces and, pursuant to this act, the Dispatches of the Secretary for Security, authorising the specific setting up of video surveillance cameras in public spaces. The government consistently includes a state - ment of priority in the annual policy address regarding the implementation of e-government, smart city and other areas involving sensitive digital technologies and artificial intelligence. Notwithstanding this, since its enactment in 2005, the PDPA has not been amended. The international trend for amendments and updates of legal frameworks on data protection matters, as well as the continued domestic and international interest in the area, has not been reflected in amendments to the PDPA.
285 CHAMBERS.COM
Powered by FlippingBook