Chapter IV Damages and Class Action |
| Article 28 | Government agencies shall be liable for the damages arising from injury caused by any unlawful collection, processing or use of personal data, or other infringement on the rights of data subjects due to such government agency's violation of the PDPA, unless such injury was caused by any natural disaster, emergency or other force majeure event.
If an injury suffered by the victim is a non-pecuniary damage, he/she may request an appropriate amount of monetary compensation; if the injury suffered by the victim is damage to his/her reputation, the victim may request appropriate corrective measures to restore his/her reputation.
Under the circumstances identified in the preceding two paragraphs, if it is difficult or impossible for the victim to prove the monetary value of the actual damage, he/she may ask the court to award the compensation in the amount of not less than NT$500 but not more than NT$20,000 per incident, per person based on the severity of the damage.
Where the rights of multiple data subjects have been infringed upon due to the same incident, the total amount of compensation awarded to such data subjects shall not exceed NT$200 million. However, if the interests involved in the incident exceed NT$200 million, the compensation shall be up to the value of such interests.
If the total amount of damages for the injuries attributable to the same incident exceeds the amount referred to in the preceding paragraph, the compensation payable to each victim shall not be limited to the lower end of damages, i.e. NT$500, per incident as set forth in paragraph 3 of this Article.
The right of claim referred to in paragraph 2 above may not be transferred or inherited. However, this does not apply to the circumstances where monetary compensation has been agreed upon in a contract or a claim therefor has been filed with the court. |
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| Article 29 | Non-government agencies shall be liable for the damages arising from any injury caused by any unlawful collection, processing or use of personal data, or other infringement on the rights of data subjects due to such non-government agency's violation of the PDPA, unless the non-government agency can prove that such injury is not caused by its willful act or negligence.
Paragraphs 2 through 6 of the preceding article apply to the damage claims raised in accordance with the preceding paragraph. |
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| Article 30 | The right to claim for damage compensation will be terminated two years since the claimant has been aware of the damages and the person(s) who is liable for the compensation, or five years since the date the damage actually occurred.
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| Article 31 | Aside from the provisions of this Law, the provisions of the State Compensation Law may be applied to a government agency, while the Civil Code may be applied to a non-government agency.
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| Article 32 | A business juridical person or a charitable juridical person that brings a case to the court in accordance with this Chapter should fulfill the following conditions:
- The total registered assets of a business juridical person should reach NT$10 million or more, or the total number of members of a charitable juridical person should be 100 or more;
- The protection of personal information is set in its charter;
- It has been established for more than 3 years after its approval.
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| Article 33 | The litigation brought to the court against a government agency in accordance with this Law should be subject to the exclusive jurisdiction of the district court where the agency is located. The litigation against a non-government agency is subject to the exclusive jurisdiction of the district court where its headquarters, main office of operation or domicile is located.
If the non-government agency in the preceding Paragraph is natural person and has no place of domicile in the Republic of China, or where it is unknown, his place of residence in the Republic of China shall be deemed to be the place of domicile. Where he has no place of residence in the Republic of China or where it is unknown, his last place of domicile in the Republic of China shall be deemed to be the place of domicile. Where he has no last place of domicile, the district court where the central government is located shall have exclusive jurisdiction.
If the non-government agency mentioned in the first Paragraph is a juridical person or a group and has no headquarters, main office of operation, or unknown for both, the district court where the central government is located shall have exclusive jurisdiction.
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| Article 34 | For cases caused by the same cause and fact and there are multi Parties infringed, the business juridical person or charitable juridical person may bring a lawsuit to the court by its own name, after obtaining a written authorization of litigation rights of 20 or more Parties. The Parties may withdraw their authorization by writing before the closure of the oral debate and the court should be notified of it.
For the litigation in accordance with the preceding Paragraph, the court may publicize it to other parties that may have been infringed, upon request of ex officio that those Parties may authorize their litigation rights to the business juridical person or charitable juridical person in the preceding Paragraph within a specified period. The business juridical person or charitable juridical person may expand its claim before the closure of the oral debate.
Other parties that haven been infringed by the same cause and fact that choose not to follow the rule in the preceding Paragraph may bring the case to the court with the specified period for the court to combine the cases.
Other Parties that have been infringed by the same cause and fact may apply to the court the announcement of the preceding Paragraph.
The announcement of the two preceding Paragraph may be publicized on the bulletin of the court, on the Internet or other proper location. Should the court considers it necessary, it may be posted on the communiques or newspaper and the fees should be paid by the National Treasury.
For the business juridical person or charitable juridical association that brings a case to the court in accordance with Paragraph 1 and the target amount exceeds NT$600,000, the exceeding portion should be waived of court fees.
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| Article 35 | The court proceedings should be discontinued partly if the Party withdraws his authorization of litigation right according to the first Paragraph of the preceding Article. The Party should resume the proceeding or the court may request the Party to do so, ex officio.
For the case where more than one Party withdraws his litigation right after the business juridical person or charitable juridical person has brought the case to the court in accordance with the preceding Article, the remaining part of court proceedings may be continued, even when there are fewer than 20 Parties remained.
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| Article 36 | The extinctive prescription for the right to claim for damage compensation for each Party in accordance with Paragraph 1 and 2 of Article 34 should be calculated separately.
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| Article 37 | The business juridical person or charitable juridical person should act as the representative of litigation right authorized by the Party. However, the Party may set a limit on abandonment, withdrawal or reconciliation.
The limit set by one of the Parties in the preceding Paragraph should not be applicable to other Parties.
The limit mentioned in Paragraph 1 of this Article should be illustrated in the documents mentioned in the first Paragraph of Article 34 or should be brought to the court in writing.
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| Article 38 | In the event the Party is object to the decision pursuant to Article 34, he may withdraw the authorization given to the business juridical person or charitable juridical person before the expiration of the period of an appeal and then file an appeal himself.
After receiving the decision document, the business juridical person or charitable juridical person should notify the Party of the outcome and also notify the Party in writing within 7 days as to whether or not an appeal should be file.
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| Article 39 | The business juridical person or charitable juridical person should deduct necessary litigation fees from the compensation received in accordance with the result of the case in Article 34 and deliver the remaining amount to the authorizing Parties.
The business juridical person or charitable juridical person should not ask for remuneration for the lawsuit which brought out in accordance with Paragraph 1 of Article 34.
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| Article 40 | The business juridical person or charitable juridical person should authorize its litigation right to an attorney while bringing out a lawsuit to the court in accordance with the provisions of this Chapter.
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