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Article 28
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Government agencies shall be liable for the damages arising from injury caused by any unlawful collection, processing or use of personal data, or other infringement on the rights of data subjects due to such government agency's violation of the PDPA, unless such injury was caused by any natural disaster, emergency or other force majeure event.<br/>If an injury suffered by the victim is a non-pecuniary damage, he/she may request an appropriate amount of monetary compensation; if the injury suffered by the victim is damage to his/her reputation, the victim may request appropriate corrective measures to restore his/her reputation.<br/>Under the circumstances identified in the preceding two paragraphs, if it is difficult or impossible for the victim to prove the monetary value of the actual damage, he/she may ask the court to award the compensation in the amount of not less than NT$500 but not more than NT$20,000 per incident, per person based on the severity of the damage.<br/>Where the rights of multiple data subjects have been infringed upon due to the same incident, the total amount of compensation awarded to such data subjects shall not exceed NT$200 million. However, if the interests involved in the incident exceed NT$200 million, the compensation shall be up to the value of such interests.<br/>If the total amount of damages for the injuries attributable to the same incident exceeds the amount referred to in the preceding paragraph, the compensation payable to each victim shall not be limited to the lower end of damages, i.e. NT$500, per incident as set forth in paragraph 3 of this Article.<br/>The right of claim referred to in paragraph 2 above may not be transferred or inherited. However, this does not apply to the circumstances where monetary compensation has been agreed upon in a contract or a claim therefor has been filed with the court.
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