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Relevant Laws

Title:Personal Data Protection Act (2023.05.31)
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 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.
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.