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Article NO. Content

Title:

Personal Data Protection Act  CH

Amended Date: 2023.05.31 
Article 22 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.<br/>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.<br/>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.<br/>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.<br/>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.