Chapter V Penalties |
| Article 41 | If a person, with the intention of obtaining unlawful gains for himself/herself or a third party, or with the intention of impairing another person's interests, is in violation of paragraph 1 of Article 6, Articles 15, 16, 19, and paragraph 1 of Article 20, or an order or decision relating to the restrictions on cross-border transfers made by the central government authority in charge of the industry concerned in accordance with Article 21 of the PDPA, thereby causing damage to others, the person shall be sentenced to imprisonment for no more than five years; in addition thereto, a fine of no more than NT$1,000,000 may be imposed. |
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| Article 47 | If a non-government agency violates any of the following provisions, the central government authority in charge of the industry concerned or the special municipality, county (city) government concerned shall impose a fine of not less than NT$50,000 but not more than NT$500,000 on the non-government agency, and shall order the non-government agency to rectify the violation within a specified period of time. If the non-government agency fails to rectify the violation in time, a fine shall be imposed for each occurrence of the violation:
1. paragraph 1 of Article 6;
2. Article 19;
3. paragraph 1 of Article 20; and/or
4. an order or decision relating to the restrictions on cross-border transfers made by the central government authority in charge of the industry concerned under Article 21. |
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| Article 48 | If a non-government agency violates any of the following provisions, the central government authority in charge of the industry concerned or the special municipality, county (city) government concerned shall order the non-government agency to rectify the violation within a specified period of time; if the non-government agency fails to rectify the violation in time, a fine of not less than NT$20,000 but not more than NT$200,000 shall be imposed on the non-government agency for each occurrence of the violation:
1. Article 8 or Article 9;
2. Article 10, Article 11, Article 12, or Article 13;
3. paragraph 2 or paragraph 3 of Article 20.
If a non-government agency violates paragraph 1 of Article 27 or fails to establish a security and maintenance plan for the protection of personal data files or rules on disposing of personal data following a business termination under paragraph 2 of Article 27, the central government authority in charge of the industry concerned or the special municipality, county (city) government concerned shall impose a fine of not less than NT$20,000 but not more than NT$2,000,000 on the non-government agency, and shall order the non-government agency to rectify the violation within a specified period of time. If the non-government agency fails to rectify the violation in time, a fine of not less than NT$150,000 but not more than NT$15,000,000 shall be imposed for each occurrence of the violation.
If a non-government agency violates paragraph 1 of Article 27, or fails to establish a security and maintenance plan for the protection of personal data files or rules on disposing of personal data following a business termination under paragraph 2 of Article 27, which is of a serious violation, the central government authority in charge of the industry concerned or the special municipality, county (city) government concerned shall impose a fine not less than NT$150,000 but not more than NT$15,000,000 on the non-government agency to rectify the violation within a specified period of time; if the non-government agency fails to rectify the violation in time, a fine shall be imposed for each occurrence of the violation. |
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| Article 49 | If a non-government agency is in violation of paragraph 4 of Article 22 without any legitimate reason, the central government authority in charge of the industry concerned or the special municipality, county (city) government concerned shall impose a fine of not less than NT$20,000 but not more than NT$200,000 on the non-government agency. |
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| 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.
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