It has been reported that three former and current National Health Insurance Administration (NHIA) employees are suspected of having abused their positions to access and leak personal data over the course of 13 years.
The employees include head of the underwriting section Hsieh Yu-lien (謝玉蓮) and another employee in the same section, Lee Jen-hui (李仁輝).
The case shows that there are serious shortcomings in the NHIA’s data management and auditing systems. Are people able to receive compensation for the leaks of their personal data?
At a meeting of the Consumers’ Foundation this week, whether the government should reinforce consumer personal data protections given the emergence of fraud schemes was one of the discussion topics. Not only has the government not taken substantial action in this regard, but now we are hearing about employees of a government agency actively involved in the leaking of personal data.
This is a serious issue, showing that there is a lack of robust guardrails in the system, and that the auditing system is clearly not fit for the purpose.
Consumers constantly complain about receiving texts and Line messages about investments and financial offers. Above and beyond the nuisance, many have been defrauded.
Article 28 of the Personal Data Protection Act (個人資料保護法) says: “A government agency shall be liable for the damages arising from injury caused by any unlawful collection, processing or use of personal data,” and that a victim of a data leak can request monetary compensation, even if the matter must be settled by a court.
This case involves a leak of personal data involving a considerable number of individuals, although it has not been reported who the victims are. According to Article 12 of the aforementioned law: “If any personal data is stolen, disclosed, altered or otherwise infringed upon due to a violation of the [act] by a government or non-government agency, the data subject shall be notified via appropriate means after the relevant facts have been clarified.”
The NHIA is responsible for informing the individuals involved when its investigation has concluded.
The victims in this leak have the legal right to apply for compensation.
Government agencies should use this case as an opportunity to conduct a thorough review of their data protections and auditing systems so that the public can rest at ease.
Cheng Jen-hung is honorary chairman of the Consumers’ Foundation and a professor at Chinese Culture University.
Translated by Paul Cooper
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