QQuestions:
Can a household have a video monitoring device to monitor any helper (or nanny) taking care of the household's baby? Is this practice in compliance with the Personal Data Protection Act?
AReply

  Article 3(3) of the Personal Data Protection Act provides that "This Act shall apply to video surveillance and other forms of capture, processing and dissemination of sound and images allowing persons to be identified, provided the controller is domiciled or based in the Macao Special Administrative Region (the MSAR) or makes use of a computer or data communication network access provider established on the MSAR territory." Article 3(2) also stipulates that the same Act does not apply to a natural person's processing of personal data relating to his or her personal or household activities, except those used for systematic communication or dissemination. In other words, it is not subject to the provisions of the Personal Data Protection Act if a household has a monitoring device for the security of its members and property, given that it does not use the vocal and imagery data from such a device for systematic or public dissemination (e.g. disclosure of the data on the Internet). However, it should be emphasised that the legislation pertaining to personal data protection also includes the Basic Law of the MSAR, the Penal Code and some international laws that are applicable to Macao. It means that if the use of a household monitoring device is found to breach those laws, the owner will still be held responsible. Therefore, the PDPB advises that one should refer to the provisions of the Act, and properly inform every member of the household of the purposes, usage, place of installation, etc., of the monitoring device before installing it. It is also advisable not to use such a device in toilets, bathrooms and other areas where there is no need for security monitoring.

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