Text And Practice Of Personal Data Protection Law In Macao SAR

Based on the personal data protection law of Portugal,the personal data protection law of Macao SAR has distinct feature of European Union and strong character of rigor and system,which is called “the most powerful personal data protection law in the Asia-Pacific region”.Doing research on this typical legal system is not only be aimed to supply a gap of the attention and research of the mainland's scholars on the personal data protection law of Macao SAR,but also be beneficial to understand the personal data protection law of Portugal even the European Union deeply.Meanwhile,the research on the experience of text and practice of Macao SAR is expected to supply helpful reference and inspiration for constituting the legal system of personal information protection in mainland.Therefore,this paper contains the following five partsThe first part is “preface: times challenge and local demand”,which introduces the macro-background of legislative protection of personal data.It contains the times challenge based on changes of information technology,and it also contains the local demand of personal data protection.The legal system of personal information protection in mainland is still in the protection stage of distributed legislation,and it contains some defects for example the personal information right lacks legal basis.The second part is “the transition of legislative protection of personal data in Macao SAR”,which tidies the process of establishing the legal system of personal data protection in Macao SAR with three steps.The first step is recognizing the personal data right in the civil code;the second step is enacting the “personal data protection law”;the third step is enacting specific laws and guidelines and using relative documents in different areas.The third part is “the basic frame of legal system of personal data protection in Macao SAR”,which analyzes the theoretical basis,competent authority and core law of Macao.Firstly,the theoretical basis is “theory of privacy right”,which has certain background and reasonable causes.Secondly,its legal system is supervised and executed by a temporary but responsible organ called office for personal data protection,which is very important to realize the social effect of personal data protection law.Thirdly,its core law “personal data protection law” consists of 9 chapters and 46 articles and its mode is ‘general-specific'.This law constitutes a full set of system of personal data protection,which concerns about: reasonably defining the application scope,totally providing the system of fundamental principles,strongly establishing the rights system of data subject,specifying the conditions of cross-border transfer of personal data,emphasizing interconnection of personal data,setting up the mechanism of notification and permission,perfecting the system of legal responsibilities,and so on.The fourth part is “the inspiration got by mainland from the legal system of personal data protection of Macao SAR”,which reflects the concrete way for mainland to constitute the legal system of personal information protection.Drawing lessons from the experience of text and practice of Macao SAR,the personal information right should be put inside the civil code under the opportunity of civil code codification,the internal idea should be located on ‘‘human right guarantee based on the information protection”,the external documents should be supplemented by enacting the “personal information protection law”,and the competent authority of personal information protection should be independent.The last part is “peroration: guarantee of private right and care of humanity”.Based on that the personal information protection law comes from personality right law,it has essential natures of private law.It's the ideal trend of mainland in the future that perfecting its legal system of personal information protection through drawing lessons from Macao SAR and considering the private right guarantee and humanity caring as its ultimate aim.