The Executive Yuan yesterday approved a proposal that would pave the way for the establishment of an independent agency tasked with improving personal data protection in Taiwan.
According to the Cabinet, the proposed bill and amendments, which still require legislative approval, would provide the legal basis for the planned Personal Data Protection Commission.
Under the proposal, each government agency should also appoint a “personal data protection officer” to coordinate and oversee efforts to bolster data protection and promote awareness of its importance.
Photo: AFP
At a news conference, Lin Yu-chia (林裕嘉), head of the planned agency’s preparatory office, said the commission would include five to seven commissioners serving for renewable four-year terms.
Commissioners would primarily be tasked with handling cases of personal data breaches in government agencies and private enterprises that “do not have a specific competent authority,” Lin said.
The commissioners, who are expected to work independently, would determine liability and subsequent penalties for those cases, she said.
Businesses without a specific competent authority would include platform-based information services and credit providers, Lin said.
If everything goes according to plan, the hope is that all businesses would fall under the commission’s jurisdiction within six years of operations, Lin added.
In addition to enforcing laws regarding personal data protection, the planned agency would also be responsible for formulating policies and regulations, developing and promoting technology applications, and talent incubation, she said.
The Cabinet’s proposal is aimed at addressing some problems, such as the absence of a comprehensive and uniform personal data protection supervisory mechanism and the lack of a designated agency that oversees public and private sectors, Lin said.
The establishment of a designated personal data protection agency was ordered by the Constitutional Court in a 2022 ruling, which gave the executive body a three-year grace period to set up an independent supervisory agency for better protection of personal data and privacy.
According to the ruling, the agency must be set up by Aug. 12.
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