In response to the serious problem of scams exploiting personal data leaks, the legislature, the Judicial Yuan and the Cabinet have decided to propose a draft amendment to the Computer-Processed Personal Data Protection Law (電腦個人資料保護法) that will increase the maximum fine for data leakage from NT$20 million (US$650,000) to NT$1 billion.
Citing examples of major data leaks by TV shopping channels, online bookstores and the Department of Health’s Centers for Disease Control, officials said if an amendment is enacted, similar cases would incur heavy penalties for offenders.
Legislators and the Ministry of Justice support the draft, believing that the public and the private sectors — which commonly utilize personal data — should bear a heavier responsibility to safeguard privacy.
The Judiciary Organic Laws and Statutes Committee of the Legislature will discuss the draft in detail on Monday.
compensation
According to regulations, the maximum compensation for personal data leakage is NT$20,000. The Cabinet’s draft increases the amount to NT$50,000, whereas proposals put forth by Chinese Nationalist Party (KMT) legislators including Hsieh Kuo-liang (謝國樑) recommend no maximum limit.
Currently, and as stated in the draft amendment, the maximum compensation per case per individual is NT$100,000, whereas the Ministry of Justice leans toward lowering the amount to NT$500.
The Judicial Yuan said that the problem of personal data leakage is serious but that large corporations may find a maximum fine of NT$50 million inconsequential. However, as unlimited fines may result in bankruptcies, they proposed NT$1 billion as a viable limit.
Article 29 of the draft states that the public is not responsible for providing evidence in seeking compensation, while non-governmental parties must prove leaks were unintentional and did not result from negligence to escape legal responsibility, whereas governmental bodies must bear “non-negligence responsibility.”
power
At the same time, Article 22 grants city and county governments the power to inspect and confiscate illegal personal data from businesses without going through legal investigative procedures.
As breaches of security and data-mining become more frequent, Ministry of Justice officials indicate that according to the draft amendment, governmental bodies can be relieved of responsibility in such instances only in the case of natural disasters such as earthquakes or other circumstances beyond their control — otherwise a breach would constitute “non-negligence responsibility.”
However, non-governmental parties need only prove that all available means have been sought in order to prevent a breach.
As for those subject to the draft amendment, officials describe the category as “all encompassing,” as it is not restricted to the current body of governmental divisions, private investigation agencies, hospitals and telecommunications companies.
Instead, all parties that digitally or manually process personal data fall under the jurisdiction of the draft.
ROLLER-COASTER RIDE: More than five earthquakes ranging from magnitude 4.4 to 5.5 on the Richter scale shook eastern Taiwan in rapid succession yesterday afternoon Back-to-back weather fronts are forecast to hit Taiwan this week, resulting in rain across the nation in the coming days, the Central Weather Administration said yesterday, as it also warned residents in mountainous regions to be wary of landslides and rockfalls. As the first front approached, sporadic rainfall began in central and northern parts of Taiwan yesterday, the agency said, adding that rain is forecast to intensify in those regions today, while brief showers would also affect other parts of the nation. A second weather system is forecast to arrive on Thursday, bringing additional rain to the whole nation until Sunday, it
CONDITIONAL: The PRC imposes secret requirements that the funding it provides cannot be spent in states with diplomatic relations with Taiwan, Emma Reilly said China has been bribing UN officials to obtain “special benefits” and to block funding from countries that have diplomatic ties with Taiwan, a former UN employee told the British House of Commons on Tuesday. At a House of Commons Foreign Affairs Committee hearing into “international relations within the multilateral system,” former Office of the UN High Commissioner for Human Rights (OHCHR) employee Emma Reilly said in a written statement that “Beijing paid bribes to the two successive Presidents of the [UN] General Assembly” during the two-year negotiation of the Sustainable Development Goals. Another way China exercises influence within the UN Secretariat is
LANDSLIDES POSSIBLE: The agency advised the public to avoid visiting mountainous regions due to more expected aftershocks and rainfall from a series of weather fronts A series of earthquakes over the past few days were likely aftershocks of the April 3 earthquake in Hualien County, with further aftershocks to be expected for up to a year, the Central Weather Administration (CWA) said yesterday. Based on the nation’s experience after the quake on Sept. 21, 1999, more aftershocks are possible over the next six months to a year, the agency said. A total of 103 earthquakes of magnitude 4 on the local magnitude scale or higher hit Hualien County from 5:08pm on Monday to 10:27am yesterday, with 27 of them exceeding magnitude 5. They included two, of magnitude
Taiwan’s first drag queen to compete on the internationally acclaimed RuPaul’s Drag Race, Nymphia Wind (妮妃雅), was on Friday crowned the “Next Drag Superstar.” Dressed in a sparkling banana dress, Nymphia Wind swept onto the stage for the final, and stole the show. “Taiwan this is for you,” she said right after show host RuPaul announced her as the winner. “To those who feel like they don’t belong, just remember to live fearlessly and to live their truth,” she said on stage. One of the frontrunners for the past 15 episodes, the 28-year-old breezed through to the final after weeks of showcasing her unique