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Article 19
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Except for the personal data specified under paragraph 1 of Article 6, the collection or processing of personal data by non-government agencies shall be for specific purposes and on one of the following bases:
1. where it is expressly required by law;
2. where there is a contractual or quasi-contractual relationship between the non-government agency and the data subject, and proper security measures have been adopted to ensure the security of the personal data;
3. where the personal data has been manifestly made public by the data subject or publicized legally;
4. where it is necessary for statistics gathering or academic research by an academic institution in pursuit of public interests, provided that such data, as processed by the data provider or as disclosed by the data collector, may not lead to the identification of a specific data subject;
5. where consent has been given by the data subject;
6. where it is necessary for furthering public interests;
7. where the personal data is obtained from publicly available sources unless the data subject has an overriding interest in prohibiting the processing or use of such personal data; or
8. where the rights and interests of the data subject will not be infringed upon.
A data collector or processor shall, on its own initiative or upon the request of the data subject, erase or cease processing or using the personal data when it becomes aware of, or upon being notified by the data subject, that the processing or use of the personal data should be prohibited pursuant to the proviso to subparagraph 7 of the preceding paragraph.
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Article 20
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Except for the personal data specified in paragraph 1 of Article 6, non-government agencies shall use personal data only within the necessary scope of the specific purpose of collection; the use of personal data for another purpose shall be only on any of the following bases:
1. where it is expressly required by law;
2. where it is necessary for furthering public interests;
3. where it is to prevent harm to the life, body, freedom, or property of the data subject;
4. where it is to prevent material harm to the rights and interests of others;
5. where it is necessary for statistics gathering or academic research by a government agency or an academic institution for public interests; provided that such data, as provided by the data provider or disclosed by the data collector, may not lead to the identification of a specific data subject;
6. where consent has been given by the data subject; or
7. where it is for the data subject's rights and interests.
When a non-government agency uses personal data for marketing purpose pursuant to the preceding paragraph, upon the data subject's objection to such use, the agency shall cease using the data subject's personal data for marketing.
Non-government agencies, when using the data subject’s personal data for marketing purpose for the first time, shall provide the data subject the ways that he/she can object to such use, and the agency shall pay for the fees therefrom.
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Article 21
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If one of the followings has occurred when the non-government agency transmits personal information internationally, the government authority in charge of subject industry may limit its action:
- Where it involves major national interests;
- Where national treaty or agreement specifies otherwise;
- Where the country receiving personal information lacks of proper regulations towards the protection of personal information and it might harm the rights and interests of the Party:
- Where international transmission of personal information is made through an indirect method in which the provisions of this Law may not be applicable.
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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 43
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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 48
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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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