MACAU SAR, CHINA Trends and Developments Contributed by: Pedro Cortés and Luís Rôlo, Lektou, Advogados e Notários
Data Combination (Interconnection) The PDPA subjects the processing of person - al data involving “data combination” to prior checking and authorisation by the OPDP. It also makes it a criminal offence to “promote or carry out an illegal combination of personal data”, punishable with imprisonment not exceeding one year or a fine not exceeding 120 days (dou - ble maxima if sensitive data is involved). This would be the case should the controller fail to secure the required authorisation. In practice, almost every department of the pub - lic administration is empowered, by law or by its organic regulation, to conduct data combination in areas related to its lawful activities. There is a close connection between this topic and the development of e-government, mak - ing the use of data combination by the public administration the norm, rather than the excep - tion. However, in the private sector, the need to secure a prior authorisation from the OPDP keeps the processing by means of data combination as an exception. The total number of applications for authorisa - tions (mostly granted to bodies of the public sec - tor, including data combination) was 57 in 2023, compared with 33 in 2022 and 65 in 2021. Video Surveillance Macau’s video surveillance programme, “Eyes in the Sky”, continues to develop. As the initial phases have yielded satisfactory results in criminal investigation, the authorities have disclosed plans to further expand the sys - tem, which is expected to include up to 4,200 cameras by 2028.
The system has the capability to provide facial recognition and vehicle licence plate recognition. The authorities have stated that, in respect of the retention period for collected data, under normal circumstances (ie, if no criminal investigation is involved) all data is automatically erased 60 days after collection. Under the 2012 Act, the OPDP’s prior opinion is required for each camera’s location, angle of coverage and its width of field. The OPDP regu - larly confirms that its opinion has been given, however, the particulars of the process are not disclosed to the public. PIPL The adoption by Mainland China of the Personal Information Protection Law (PIPL) has a special significance for Macau, given the intense eco - nomic and human cross-border flows between the regions. The PDPB held a forum on high-level protection of personal data during the China Cybersecu - rity Week of 2024, with the participation of the Commissioner of the Office of the Privacy Com - missioner for Personal Data, Hong Kong and a seminar for lawyers of Macau on recent trends in personal data protection in China and in some Portuguese-speaking countries. The PDPB is expected to continue promot - ing multiple awareness actions to ensure that local operators are in compliance with the PIPL
requirements. e-Government
Macau has introduced a growing number of e-government services, covering multiple areas of the administrative procedures of the residents.
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