The Name of “Computer-Processed Personal Data Protection Law” Is Changed Protection Targets Are Broadened. One Can Claim For Compensation Subject to the Law If One’s Personal Data Is Abused.
E031030Y9 Nov. 2003（E48）
The Ministry of Justice has decided to change the name of current “Computer-Processed Personal Data Protection Law” into “Personal Data Protection Law” so as to include the man-created files; thus, the targets protected under the law shall not be merely limited to computer-processed personal data.
Other important articles newly added in the amended draft include the following: “All companies, associations, authority or institutions in Taiwan, which owned the personal data that has been created shall notify the concerned party whose file is created within the period of one year as of the date of enforcement of the new law as long as such data is not directly collected from the concerned party. If the said organizations do not notify the concerned party within a time limit or after the notification, the organizations process or utilize the data without the consent from the concerned party, such organizations may be fined at the maximum amount of NT$200,000.”
“The period of imprisonment is increased and the fine or the penalty is raised in several offenses. No matter whether the organizations are public authorities or not, they will be considered committing the offense under the circumstance that they violate the relevant provision of personal data collection. The organizations committing the offense will not only be rendered the imprisonment, but the original maximum fine or the maximum fine incorporated into the imprisonment is raised from $NT40,000 to $NT200,000. Besides, the maximum punishment of imprisonment for illegally interfering, changing or deleting other person’s personal data is increased from 3 years to 5 years. The maximum fine or the maximum fine incorporated into the imprisonment is raised from $NT50,000 to $1,000,000.”
“The offense of interfering, changing, or deleting personal data, committed by the public authority is changed from private prosecution to public prosecution; the maximum compensation amount is raised from $NT20,000,000 to $NT50,000,000 under the circumstance that the public authority constitutes the offense of Personal Data Protection Law and infringes the right and benefit of the concerned party.”
