澳门个人资料权基本权利属性探讨

On Establishing the Right of Access as a Fundamental Right in Macao SAR

在澳门特别行政区,个人资料权被视为一项基本权利具有充分的理据:从个人资料权的基本内容和重要性看,没有对个人资料权的基本权利的确认和相应的法治保护,与其相关的隐私权、通讯自由权、住宅安全权、财产权等项基本权利就得不到充分保障;从立法现状看,个人资料权的基本权利属性不仅已经被境外许多国家和地区的立法所确认,而且在特别行政区已经对个人资料权的保护进行了全方位的法治保障。从社会治理实践看,鉴于个人资料侵权行为的普遍性和社会危害性,包括澳门特别行政区在内的许多国家和地区,已经建构了专门的个人资料监管机制,对个人资料的搜集、处理、贮存、转移、使用等环节进行依法全面管理。

In Macao SAR, there are adequate reasons to view the right of access as a fundamental right.Firstly, from the view of the contents and importance of the right of access, when the right of access is not established as a fundamental right and thus fails to receive corresponding legal protection, associated fundamental rights such as the right of privacy, the right to communication, the right to property safety and the right of property won’t be fully safeguarded. Secondly, from the view of the current legislation, many countries and regions overseas have recognized the right of access as a fundamental right through legislation, and the Macao SAR Government has offered all-round legal protection for it. Thirdly, in the practice of social governance, considering the pervasiveness and harmfulness of personal data infringement, many countries and regions, including the Macao SAR, have set up a special regulatory mechanism to oversee the collection, processing, storage, transfer, and use of personal data.