The Executive Yuan yesterday approved a draft act to manage National Health Insurance (NHI) data, introducing measures for formal oversight and clarifying rights to opt out of NHI programs.
Premier Cho Jung-tai (卓榮泰) said the law would help uphold the right to privacy while ensuring that the government keeps up with the trends of artificial intelligence (AI) and big data to establish an open government.
The Constitutional Court’s Ruling No. 13 in 2022 stated that while the use of NHI data for statistical purposes by government units or academic organizations was in line with the Personal Data Protection Act (個人資料保護法), the lack of oversight measures and an option for people to opt out of their data being used was unconstitutional and should be rectified within three years.
Photo: Taipei Times
The draft stipulates that organizational and procedural oversight for using and managing NHI data outside of the specific and original purpose for which the data were gathered should be established.
“Specific and original intent” refers to the collection and use of personal information for affairs and processes related to the NHI program.
The draft introduces regulations governing who could apply for the use of the data, accepted purposes for using the data and reviewing procedures regarding the applications.
An NHI data consultation committee shall be established, and measures shall be implemented to oversee the management and transmission of data to and from the NHI database, the draft states.
People would be also be allowed to ask the NHI not to use their information outside of the data gathering’s original purpose, it states.
However, that would not be applicable when the information gathered was under the auspices of other laws, when people or organizations are obligated to provide such information, when such information helps uphold national security or during emergencies, the draft says.
Any theft, destruction or illegal action against the National Health Insurance Administration’s core system or the insured person is punishable by a maximum of seven years in prison and an additional fine of NT$10 million (US$331,246), it says.
Perpetrators of the aforementioned crimes, with the intent of harming national security or disrupting social stability, could face a maximum of 10 years in prison and be fined an additional NT$50 million.
Unauthorized use of NHI data outside of the specific and original purposes can be fined between NT$2 million and NT$10 million, and would not be able to apply to use NHI data outside its specific and original purposes for one year.
Additional reporting by CNA
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