Taiwan's Personal Information Protection Act Revised

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By Yu-Tzu Chiu

Dec. 30 — Taiwan's Office of the President Dec. 30 announced amendments to the country's 2010 Personal Information Protection Act.

The Ministry of Justice said in a statement the revised act will become effective before April 2016.

Due to unresolved disputes, some articles haven't taken effect since 2012, when the Act was reinforced.

Lawmakers revised Article 6 on “special” personal information, which requires additional consent and protection rules for its collection, processing and use. The article originally specified medical and health treatment information, genetic and sexual life data and criminal record information as special personal information.

Under the revision, “medical records” is now included in the list.

In addition, the amendment includes changes to Article 54, which earlier stipulated that collectors of personal data should inform data subjects that their personal data have been collected within 12 months after the law is fully implemented. The revision states that data collectors need only inform concerned individuals if their information is processed or used.

The amendment also changed Article 41 and Article 45, which provided penalties of imprisonment for up to two years and fines up to 200,000 TWD ($614.79). The revision removed imprisonment as a penalty.

To contact the reporter on this story: Yu-Tzu Chiu in Taipei at correspondents@bna.com

To contact the editor responsible for this story: Jimmy H. Koo at jkoo@bna.com

Text of the revised articles is available, in Chinese, at http://www.president.gov.tw/PORTALS/0/BULLETINS/PAPER/PDF/7226-42.PDF.

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