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Relevant Laws

Title:Personal Data Protection Act (2015.12.30)
Article 8     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:
  1. the name of the government agency or the non-government agency;
  2. purpose of collection;
  3. classification of the personal information;
  4. time period, area, target and way of the use of personal information;
  5. rights of the Party and ways to exercise them as prescribed in Article 3;
  6. 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:
  1. when in accordance with law;
  2. 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;
  3. when the notice will impair the government agency in performing its official duties;
  4. when the notice will impair public interests.
  5. when the Party should have known the content of the notification already;
  6. when the collection of personal information is for non-profit purposes and clearly does not cause any detriment to the Party.
Article 9     A government agency or non-government agency should notify the Party of the source of information and Item 1 to 5 of Paragraph 1 of the preceding Article, before processing or using personal information collected in accordance with Article 15 or 19 which was not provided by the Party.
    The notification mentioned in the preceding Paragraph may not be given for the followings:
  1. Under one of the situations listed in Paragraph 2 of the preceding Article;
  2. When the Party has made public such information by himself or when the information has been publicized legally;
  3. When the notification may not be made to the Party or his legal representative;
  4. When it is necessary for public interests on statistics or the purpose of academic research. The information may not be used to identify a specific person after a treatment of the provider or the disclosure of the collector;
  5. Personal information collected by the mass media for the purpose of news reporting on the basis of public interests;
    The notification mentioned in Paragraph 1 may be undertaken when the personal information is used against the Party for the first time.
Article 54     After the enforcement of the amendments to this Act on December 15, 2015, any processing or use of personal information that was furnished before the amendments to this Act on May 26, 2010 not by the Party, shall be notified to the Party pursuant to Article 9 before such processing or use.
    The notification prescribed in the preceding Paragraph may be given at the time where such personal information is first used after the enforcement of the amendments to this Act on 15 December, 2015.
    Any use of personal information without notification given in accordance with the preceding two Paragraphs is deemed and punished as a violation of Article 9.