Recent newspaper reports have revealed that the National Police Agency plans to build “electronic city walls” throughout Taiwan by installing surveillance cameras nationwide over the next five years. The Ministry of the Interior has also launched a NT$1 billion (US$29.5 million) project to integrate surveillance camera systems, and Taipei Mayor Hau Lung-bin (郝龍斌) announced on April 8 that his government would spend NT$1.6 billion to install 13,000 “intelligent,” high-performance cameras in the city.
According to Hau, the cameras would not violate people’s privacy, because only government agencies would be able to view the recorded footage.
The widespread installation of surveillance cameras in Taiwan dates back to the ministry’s 1998 “national community safety maintenance project” and later the “safety-net project,” under which numerous communities and boroughs were subsidized to install security cameras. Under pressure following a series of major criminal cases, the ministry hurriedly implemented the projects. There was no discussion about regulations to govern surveillance, nor were complementary measures put in place. In fact, the installation of security cameras at major intersections and in housing communities throughout Taiwan had no legal basis until 2003, when the Police Duties Enforcement Act (警察職權行使法) came into effect.
We have no way of knowing exactly how many cases are resolved each year in Taiwan with the help of surveillance cameras. As to the civil rights implications, there has to date been no serious discussion of the matter. Probably everyone has experienced some clumsy moments in front of a camera, and no one would feel at ease knowing that they are being videotaped or monitored.
From the point of view of constitutional guarantees of people’s basic rights, the first victims of ubiquitous camera surveillance are likely to be people’s freedoms of expression, assembly and association. If people know they will be filmed when attending a demonstration, they may be less willing to participate.
The Computer-Processed Personal Data Protection Act (電腦處理個人資料保護法), which deals with the collection, management and use of personal data, provides no clear rules on surveillance cameras. Article 10 of the Police Duties Enforcement Act states that police can install security cameras for the purpose of maintaining public security in public places, or anywhere the public can go, where crimes may be committed. However, the definition of a “place where the public can go” is vague and open to widely different interpretations.
Taipei City’s regulations on the management of video surveillance systems stipulate that the police are in charge of surveillance. With police approval, borough chiefs may set up video cameras and are responsible for managing the surveillance cameras they install. In practice, however, when members of the public wish to view surveillance recordings, for example following an accident, they are often obstructed by police. It is unclear who has the right to view video material recorded by the overlapping surveillance camera systems installed by borough chiefs and the police. Who is entitled to process and use these recordings? Who is supposed to manage them? The cameras are there to monitor the public, but what safeguards do members of the public have?
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
The Chinese Nationalist Party (KMT) has a good reason to avoid a split vote against the Democratic Progressive Party (DPP) in next month’s presidential election. It has been here before and last time things did not go well. Taiwan had its second direct presidential election in 2000 and the nation’s first ever transition of political power, with the KMT in opposition for the first time. Former president Chen Shui-bian (陳水扁) was ushered in with less than 40 percent of the vote, only marginally ahead of James Soong (宋楚瑜), the candidate of the then-newly formed People First Party (PFP), who got almost 37
Chinese Nationalist Party (KMT) presidential candidate and New Taipei City Mayor Hou You-yi (侯友宜) has called on his Democratic Progressive Party (DPP) counterpart, William Lai (賴清德), to abandon his party’s Taiwanese independence platform. Hou’s remarks follow an article published in the Nov. 30 issue of Foreign Affairs by three US-China relations academics: Bonnie Glaser, Jessica Chen Weiss and Thomas Christensen. They suggested that the US emphasize opposition to any unilateral changes in the “status quo” across the Taiwan Strait, and that if Lai wins the election, he should consider freezing the Taiwanese independence clause. The concept of de jure independence was first
Taiwan People’s Party (TPP) Chairman and presidential candidate Ko Wen-je (柯文哲) on Thursday reiterated that he is “deep-green at heart” and that he would mostly continue President Tsai Ing-wen’s (蔡英文) national defense and foreign policies if elected. However, he was still seriously considering forming a “blue-white” electoral alliance with the Chinese Nationalist Party (KMT) less than a month ago, telling students he “hates the KMT, but loathes the Democratic Progressive Party (DPP) even more,” while constantly criticizing Tsai’s foreign policy these past few years. Many critics have said that Ko’s latest remarks were aimed at attracting green-leaning swing voters, as recent polls
Taiwan’s Ministry of Labor and India’s Ministry of External Affairs have confirmed that the two countries plan to sign a memorandum of understanding (MOU) this month on recruiting Indians to work in Taiwan. While this marks another step in deepening ties between the two nations, it has also stirred debate, as misunderstandings and disinformation about the plan abound. Taiwan is grappling with a shortage of workers due to a low birthrate and a society that is projected to turn super-aged by 2025. Official statistics show that Taiwan has a labor shortfall of at least 60,000 to 80,000, which is expected
RSS