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Article 7
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"Consent", as referred to in subparagraph 2, paragraph 1 of Article 15 and subparagraph 5, paragraph 1 of Article 19, means a declaration of agreement given by a data subject after he/she has been informed by the data collector of the information required under the PDPA.
"Consent", as referred to in subparagraph 7, paragraph 1 of Article 16 and subparagraph 6, paragraph 1 of Article 20, means a separate declaration of agreement given by a data subject after he/she has been informed by the data collector of any of the purposes other than that originally specified, the scope of other use, and the impact of giving or not giving consent on the rights and interests of the data subject.
The data subject's consent may be presumed given pursuant to subparagraph 2, paragraph 1 of Article 15 and subparagraph 5, paragraph 1 of Article 19 if the data subject does not indicate his/her objection and affirmatively provides his/her personal data after the government or non-government agency has informed the data subject of the relevant information specified in paragraph 1 of Article 8 of the PDPA.
The data collector shall bear the burden of proof regarding the fact that the data subject has given the consent prescribed under the PDPA.
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Article 8
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The following items should be told precisely to the Party by a government agency or non-government agency, in accordance with Article 15 or Article 19:
- the name of the government agency or the non-government agency;
- purpose of collection;
- classification of the personal information;
- time period, area, target and way of the use of personal information;
- rights of the Party and ways to exercise them as prescribed in Article 3;
- the influence on his rights and interests while the Party chooses not to provide his personal information;
The following situations may be exempted from the notice prescribed in the preceding Paragraph:
- when in accordance with law;
- when the collection of personal information is necessary for the government agency to perform its official duties or the non government agency to fulfill the legal obligation;
- when the notice will impair the government agency in performing its official duties;
- when the notice will impair public interests.
- when the Party should have known the content of the notification already;
- when the collection of personal information is for non-profit purposes and clearly does not cause any detriment to the Party.
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Article 9
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Government or non-government agencies shall, before processing or using the personal data collected in accordance with Article 15 or 19 which was not provided by the data subject, inform the data subject of their source of data and other information specified in subparagraphs 1 through 5, paragraph 1 of the preceding article.
The obligation to inform as prescribed in the preceding paragraph may be exempt under any of the following circumstances:
1. under any of the circumstances provided in paragraph 2 of the preceding article;
2. where the personal data has been manifestly made public by the data subject or publicized legally;
3. where it is unable to inform the data subject or his/her legal representative;
4. where it is necessary for statistics gathering or academic research 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; or
5. where the personal data is collected by mass communication enterprises for the purpose of news reporting for the benefit of public interests.
The obligation to inform as prescribed in paragraph 1 may be performed at the time of the first use of the personal data towards the data subject.
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Article 41
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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 47
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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 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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