No protection

Since it has come into force, the Data Protection Law has been used for many purposes beyond its spirit and goal. We saw a few years ago a referendum disrupted due to such legislation. We also saw last week a columnist of this newspaper, who is also the President of the Society for Protection of Animals of Macau, being “accused” of violation of such law.
Well, the interpretation seems to be used at the discretion of the authorities whenever there is a case or a potential case.
Sharing in the Facebook page a video recorded by a third party appears to be an administrative infringement (which is different from a crime) that may have been practiced. But it is not, in my view, a violation of the personal data rules. The recording of such video may be seen, of course, as falling within the provisions of the law. Sharing what is already made public is not, definitely, a violation.
Let’s wait and see what the courts will decide on this matter and hope that the Rule of Law system continues to exist in our beloved city.
We are now in an era where everyone with a smartphone can be a journalist and can produce news. Let’s imagine that we are broadcasting live on Facebook and a crime occurs. Are we violating the Data Protection Law? Shall we get consent from the criminal before we publish? Well, in theory, yes, we shall go and ask the criminal for consent or otherwise we may be liable for violation of the Data Protection Law.
In Portugal, two days ago, a husband committed a crime of domestic violence against his wife. He almost drowned the poor woman in a river. As a matter of fact, the wife is not dead now because a neighbour passed by the crime scene and started yelling and recording what was happening. Should this neighbour be liable to violation of the Data Protection Law, which is quite similar in Portugal to what we have in Macau?
A person that prevented a crime from happening and published the video without the consent of the criminal shall not fall, in my view, within the provisions of the referred law. Well, at least in Portugal, where the suspect crim­inal is now in preventive custody due to the acts he committed.
In Macau, one may have different interpretations.