Personal information of medical records, medical treatment, genetic information, sexual life, health examination and criminal records should not be collected, processed or used. However, the following situations are not subject to the limits set in the preceding sentence:
Article 8 and Article 9 shall apply mutatis mutandis to the collection, processing, or use of personal information in accordance with the preceding Paragraph; Paragraphs 1, 2 and 4 of Article 7 shall apply mutatis mutandis to the written consent specified in Item 6 of the preceding Paragraph. The notification should be in written form.
- when in accordance with law;
- when it is necessary for a government agency to perform its legal duties or for a non- government agency to fulfill its legal obligation, and proper security measures are adopted prior or subsequent to such collection, processing or use;
- when the Party has made public such information by himself, or when the information concerned has been publicized legally;
- where it is necessary to perform statistical or other academic research, a government agency or an academic research institution collects, processes, or uses personal information for the purpose of medical treatment, public health, or crime prevention. The information may not lead to the identification of a specific person after its processing by the provider, or from the disclosure by the collector;
- where it is necessary to assist a government agency in performing its legal duties or a non-government agency in fulfilling its legal obligations, and proper security measures are adopted prior or subsequent to such collection, processing, or use;
- where the Party has consented in writing; unless such consent exceeds the necessary scope of the specific purpose; the collection, processing or use merely with the consent of the Party is prohibited by other statutes; or such consent is against the Party’s will.
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 following situations may be exempted from the notice prescribed in the preceding Paragraph:
- 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;
- 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.
Upon the request of the Party, the government agency or non-government agency should reply to the inquiry, offer for a review or provide duplications on the personal information collected, except the followings:
- when the national security, diplomatic and military secrets, the macro-economic interests or other major national interests may be harmed;
- when the performance of official duties may be interfered with; and
- when the major interests of the collecting agency or a third person may be affected.
Except the information stated in Paragraph 1 of Article 6, the government agency should not collect or process personal information unless there is a specific purpose and should comply with one of the following conditions:
- it is within the scope of job functions provided by laws and regulations;
- consent has been given by the Party;
- the rights and interests of the Party may not be harmed.
Except the information stated in Paragraph 1 of Article 6, the government agency should use the personal information in accordance with the scope of its job functions provided by laws and regulations, and in compliance with the specific purpose of collection. However, the information may be used outside the scope upon the occurrence of one of the following conditions:
- it is in accordance with law;
- it is necessary for national security or promotion of public interests;
- it is to prevent harm on the life, body, freedom or property of the Party;
- it is to prevent harm on the rights and interests of other people;
- it is necessary for public interests on statistics or the purpose of academic research conducted by a government agency or an academic research institution, respectively. The information may not lead to the identification of a specific person after its processing by the provider, or from the disclosure by the collector;
- such use may benefit the Party; and
- consent has been given by the Party.