Companies that use personal data for marketing activities without consent from customers might be in contravention of data privacy laws, the Preparatory Office of the Personal Data Protection Commission said on Monday.
Agency Director Lin Yu-chia (林裕嘉) made the remark in response to a question from Democratic Progressive Party Legislator Wang Yi-chuan (王義川), who asked whether a restaurant would have contravened the Personal Data Protection Act (個人資料保護法) if after a person left a phone number to make a reservation, it later contacted them for marketing reasons.
The Legislative Yuan’s Judiciary and Organic Laws and Statutes Committee invited government bodies to provide a special report on whether people receiving text messages concerning recall petitions contravened personal data protection laws.
Photo: Chen Yi-kuan, Taipei Times
A restaurant reservation constitutes a type of contractual relationship, under which the collection of necessary personal information, such as phone numbers, is permitted by law, Lin said.
However, the use of that information for marketing purposes requires consent, as the purpose behind a marketing text is different from that of making a reservation, she said.
It is necessary to define the boundary of improper use of personal data, Wang said, adding that authorities should hold a meeting to keep the public and businesses informed.
Regarding the use of text messages in recall petitions, the special report said that the text messages originated when a marketing company independently uploaded phone numbers to a bulk messaging platform, which then sent messages through mobile networks.
A local police station received a report on May 3 from a person who believed that his personal information had been leaked after receiving text messages from a recall advocacy group, the National Police Agency said.
The Executive Yuan established the Personal Data Protection Committee Preparatory Office on Dec. 5, 2023, to promote the safe use of personal data and to monitor privacy rights.
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