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Article 22
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The central government authorities in charge of the industries concerned, the special municipality, county (city) government concerned may, when they deem necessary or suspect any possible violation of the PDPA, inspect compliance with the security control measures, the rules on disposing personal data upon business termination, and the restrictions on cross-border transfers, or conduct any other routine inspections by having their staff enter non-government agencies' premises upon presentation of their official identification documents and order relevant personnel at the non-government agencies to provide necessary explanations, cooperate on adopting relevant measures, or provide supporting documents.
When the central government authorities in charge of the industries concerned or the special municipality, county (city) governments concerned conduct the inspections described in the preceding paragraph, they may retain or make duplications of the personal data or the files thereof that can be confiscated or be admitted as evidence. The owner, holder or keeper of such data or files that shall be confiscated or copied shall submit them to the authorities upon request. If the non-government agency refuses to submit or deliver the requested data or files or rejects the confiscation or duplication thereof without any legitimate reason, a compulsory enforcement that will do the least harm to the rights and interests of the non-government agency may be applied.
When the central government authorities in charge of the industries concerned or the special municipality, county (city) governments concerned conduct the inspections described in paragraph 1, professionals in the field of information technology, telecommunications or law may accompany the inspectors during the inspections.
Non-government agencies and their personnel may not evade such inspections, obstruct the investigators from accessing the premises or data, or refuse to comply with the inspections or decisions referred to in paragraphs 1 and 2.
All personnel who take part in the inspections shall keep in confidence all the personal data that they become aware of due to the inspections.
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Article 23
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The objects detained or duplicated in accordance with Paragraph 2 of the preceding Article should be sealed or tagged, and properly located. Those may not be carried or kept may be guarded by a designated personnel, or be kept by the owner or suitable persons. If it is no more necessary to keep the detained or duplicated objects, or when a punishment is not applied or a confiscation is not applied, those objects should be returned. However, it does not apply to objects that should be confiscated or kept for other cases.
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Article 24
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The non-government agency, owner, holder, keeper or interested persons of those confiscated files or duplicates may raise an objection with the central government authority in charge of the industry concerned or the special municipality, county (city) government concerned against the acts of demand, compulsory enforcement, detention, or duplication mentioned in the preceding two Articles.
Upon receiving the objection mentioned in the preceding paragraph, the central government authority in charge of the industry concerned or the special municipality, county (city) government concerned shall immediately cease or rectify such acts if the objection is considered reasonable; otherwise, it may continue such acts. Upon the request of the person who raises the objection, a record of the reasons for objection shall be prepared and delivered to such person.
An appeal against the decision made by the central government authority in charge of the industry concerned or the special municipality, county (city) government concerned under the preceding paragraph may only be filed jointly with the appeal against the substantive decision of the case. However, if the persons identified in paragraph 1 do not have the rights to appeal against the substantive decision of the case under the law, such persons may file an administrative lawsuit solely against the acts identified in the same paragraph 1.
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Article 25
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In the event that a non-government agency has violated the PDPA, the central government authority in charge of the industry concerned or the special municipality, county (city) government concerned may impose fines on the non-government agency in accordance with the PDPA and may also enforce the following corrective measures:
1. prohibit the collection, processing or use of the personal data;
2. order the erasure of the processed personal data and personal data files;
3. confiscate or order the destruction of the unlawfully collected personal data; and/or
4. disclose to the public the violation of the non-government agency, the name of the non-government agency and its responsible person/representative.
Where the central government authority in charge of the industry concerned or the special municipality, county (city) government concerned enforce the corrective measures referred to in the preceding paragraph, such measures shall be within the scope that is necessary to prevent and remedy the violation of the PDPA and shall do the least harm to the rights and interests of the non-government agency concerned.
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Article 26
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The findings of the inspections conducted by the central government authorities in charge of the industries concerned or the special municipality, county (city) governments concerned in accordance with Article 22 may be disclosed to the public if the non-government agencies concerned are not in violation of the PDPA and agree to the public disclosure of such findings.
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Article 34
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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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