1. Applicability of the Personal Data Protection Act: According to Article 4(1)(1) of this Law, the names, contact information and registration numbers of engineers and construction companies are personal data of identifiable persons. Article 3 of the same law provides that processing such data is subject to the Act. 2. Appropriateness of data processing: According to the Commercial Registration Code, approved by Decree Law 56/99/M, company data is data that should be open to public review, and this is not subject to the Personal Data Protection Act. According to paragraph J) of Article 2 of Decree Law 29/97/M (Organic Structure of the Land, Public Works and Transport Bureau), this Bureau may, by virtue of the applicable laws, license or oversee any urban construction, especially those undertaken by private individuals or entities. Article 9 and 10 of Decree Law 79/85/M (General Code of Urban Construction) provide that, in order to review the qualifications of the urban engineers and construction companies, relevant data and applications must be submitted to the Chief of the Bureau. The Bureau must create a dedicated file for each registrant, documenting their name, charters of association, contact information, documents of professional qualifications and technical competencies, signatures and initial signatures, among others. Therefore, it is legally appropriate for this Bureau to process the personal data of the engineers and construction companies, as provided for in Article 6(4) of the Personal Data Protection Act. In regard whether consent of the data subject is necessary, if this Bureau is to provide to other government agencies, private associations or organizations data of engineers or construction companies such as contact information, it must have prior consent of the data subjects. Apart from that, where transfer of data is by way of combination, of which there is no provision in laws or its organic law, the data processing entity must seek authorization of the PDPB. Besides, Article 21 of the Personal Data Protection Act stipulates that the PDPB must be notified where any automatic data processing is undertaken.
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