Chapter V Penalties |
| Article 41 | Any person who, with intent to obtain unlawful benefit for themselves or a third party or to cause harm to another’s interests, violates Paragraph 1 of Article 6, Article 15, Article 16, Article 19, Paragraph 1 of Article 20, or an order or decision restricting cross-border transfer under Article 21, thereby causing harm to another, shall be sentenced to imprisonment for up to five (5) years and may also be fined up to NT$1,000,000. |
Info |
| Article 42 | A person who intends to make unlawful profits for himself or for a third party, or intends to infringe upon the interests of others by illegally changing or deleting personal information files, or by other illegal means and has impeded the accuracy of other people’s personal information files and caused damages to others should be imposed of an imprisonment or custody of no more than 5 years, or a fine of no more than NT$1,000,000, or both.
|
|
| Article 43 | The above two Articles may be applicable to a citizen of the Republic of China who commits those crimes to citizens of the Republic of China outside the territory of the Country.
|
Info |
| Article 44 | A government official who takes advantage of his position, or opportunity or means available to him to commit the offenses prescribed in this Chapter should be subject to punishments half as severe as those enumerated above.
|
|
| Article 45 | The offenses referred to in this Chapter should be instituted only upon a complaint, except offenses specified in Article 41 and those against a government agency in Article 42.
|
Info |
| Article 46 | In the event where a more severe punishment is provided for in other laws with respect to the offenses outlined in this Chapter, the more severe one should be applied.
|
|
| Article 47 | Where a non-government agency commits any of the violations listed below, the competent authority shall impose a fine of not less than NT$50,000 and not more than NT$500,000, order it to rectify the violation within a specified period of time, and impose fines successively until the violation is rectified:
1.violation of Paragraph 1, Article 6;
2.violation of Article 19;
3.violation of Paragraph 1, Article 20; and
4.violation of an order or decision restricting cross-border transfer under Article 21. |
Info |
| Article 48 | Where a non-government agency commits any of the violations listed below, the competent authority shall order it to rectify the violation within a specified period of time, and, if the violation is not rectified within such period, impose a fine of not less than NT$20,000 and not more than NT$200,000 successively until the violation is rectified:
1.violation of Article 8 or Article 9;
2.violation of Article 10, Article 11, or Article 13;
3.violation of Paragraph 1 of Article 12, or the provisions concerning the content, method, or time limit of notifications as stipulated in the regulations prescribed under Paragraph 4; and
4.violation of Paragraph 2 or 3, Article 20.
Where a non-government agency is in violation of Paragraph 2 or 3 of Article 12, or the provisions concerning the content, method and time limit of reporting, response measures, and record retention as stipulated in the regulations prescribed under Paragraph 4, the competent authority shall impose a fine of not less than NT$20,000 and not more than NT$200,000, order it to rectify the violation within a specified period of time, and impose fines successively until the violation is rectified.
Where a non-government agency commits any of the violations listed below, the competent authority shall impose a fine of not less than NT$20,000 and not more than NT$2,000,000, order it to rectify the violation within a specified period of time, and, if the violation is not rectified within such period, impose a fine of not less than NT$150,000 and not more than NT$15,000,000 successively until the violation is rectified:
1.violation of Paragraph 1, Article 20-1;
2.violation of the provisions concerning the security and maintenance matters, management mechanisms, or measures to be taken related to personal data files as stipulated under the regulations established under Paragraph 2, Article 20-1;
3.failure to establish a security and maintenance plan for personal data files or methods for processing personal data after business termination as required under Paragraph 3, Article 51-1; and
4.violation of the provisions concerning the content, implementation methods or standards that the plans or processing methods must possess as stipulated in the regulations established under Paragraph 4, Article 51-1.
Where a non-government agency commits any of the acts listed under the preceding paragraph and the violation is material, the competent authority shall impose a fine of not less than NT$150,000 and not more than NT$15,000,000, order it to rectify the violation within a specified period of time, and impose fines successively until the violation is rectified. |
Info |
| Article 49 | Non-government agencies in violation of Paragraph 4, Article 22 shall be subject to a fine of not less than NT$20,000 and not more than NT$200,000 to be imposed by the competent authority. |
Info |
| Article 50 | The main representative, manager or other representative of a non-government agency who should be imposed of an administrative fine due to the violation of the preceding three Articles of the agency should be subject to the same amount of the fine, unless the obligation of the representative has been proved to be fulfilled.
|
Info |