An amendment that would establish a national data protection agency with the power to hand out financial penalties of up to NT$15 million (US$487,678) last week cleared the committee stage in the legislature.
Under the draft amendment to the Personal Data Protection Act (個人資料保護法), nongovernment agencies that do not implement security measures to prevent personal data from being stolen, altered, damaged, destroyed or disclosed could face fines from NT$20,000 to NT$2 million.
Organizations that do not address the issue within an allotted time frame would face additional fines of NT$150,000 to NT$15 million, depending on the severity of the offense.
National Development Council Minister Kung Ming-hsin (龔明鑫) said on May 3 that a preparatory office of the agency was scheduled to begin operating in August.
A draft organic law of the proposed agency would be submitted to the legislature for approval before it begins operations, Kung added.
The preparatory office would have a staff of 40 to 50, potentially rising to 100, Kung said.
The draft amendment passed by the legislature’s Economics Committee is a product of a Constitutional Court ruling in August last year ordering the government to amend data protection legislation to include an independent oversight mechanism.
The government must create an agency in charge of personal data-related issues to address disputes between government agencies regarding personal breaches no later than August next year, the ruling said.
The duty to protect personal data is currently shared between agencies, including the Ministry of Digital Affairs and the National Science and Technology Council.
The ruling came in the wake of data breaches at several companies, including China Airlines, Carplus Auto Leasing Corp and vehicle-sharing platform iRent.
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