Wed, Apr 22, 2009 - Page 8 News List

Who will watch the watchers?

By Chiu E-ling and Liu Ching-yi 邱伊翎,劉靜怡

Once there are video surveillance systems in public places nationwide, will there be clear official signs to inform people that they are being monitored? Filming people without their knowledge might constitute a violation of their right not to have their personal data collected without being informed.

According to the Organization for Economic Cooperation and Development’s eight principles of privacy with regard to personal information, government as well as private bodies must have reasonable justification for collecting data on an individual, and must seek the consent of the individual concerned. People not only have the right to know when someone is recording information about them, but also to view the records and correct errors in them.

In the UK, for example, video surveillance is regulated by the Data Protection Act, Human Rights Act and Crime and Disorder Act. Those installing surveillance systems must also inform the Information Commissioner’s Office, explaining the purpose of the surveillance, stating the number of cameras and so on.

In Taiwan, on the other hand, examination and approval of surveillance systems is done by police stations. In the UK there are regulations governing data collectors and organizations or interest groups using video surveillance systems.

Until such time as a personal data protection bill is passed into law, and given that there is no information commissioner, Taiwan will lack sufficient regulatory measures covering the various ways in which information about the public is collected.

There is a fine line between “protection” and “control.” What is the true purpose of the planned nationwide surveillance system — ensuring public safety, or exercising total social control? Will it constitute an invasion of people’s privacy? Those in power say it won’t, but that is not enough to put our minds at rest.

Chiu E-ling is director of media and publications of the Taiwan Association for Human Rights (TAHR). Liu Ching-yi is an associate professor of law in the Graduate Institute of National Development at National Taiwan University and an executive board member of the TAHR.

TRANSLATED BY EDDY CHANG AND JULIAN CLEGG

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