| There is some practical advice for staying on the right side of the law. Firstly, at the time of data collection, inform the person as to the name of the collector, the intended purpose, the type of data being collected, the time period and area in which the data will be used, the parties that will use the collected data, the way in which it will be used, and the impact on the person’s rights and interests if the data is not provided. Additionally,the individual must also be notified of his/her rights to review, copy, supplement, correct, and delete the data, as well as to stop the collector from collecting, processing, or using his/her information. Moreover, the communication does not have to be in writing, but since oral notification can be difficult to prove in case of a dispute, make sure to get written consent. Although most companies hope to use one single all-purpose consent form or letter, that is rarely feasible. Prepare multiple letters to cover different circumstances.
The Act promises much stronger data protection, and requires more vigilance by companies involved in transactions either with Taiwanese corporate partners or with Taiwanese consumers. As the law is well-intentioned, motivated by instances of data leaks and the profusion of scam operations, the scope of the legislation will prove to be so wide-ranging as to be unmanageable. Therefore, companies that control or process existing personal data should review how such data has been collected and whether a Subject’s consent has been obtained. If not, companies are advised to consider possible approaches to obtain consent or provide notifications, although details on how consent should be obtained still await further clarifications. The consciousness of privacy-security should be raised to avoid leak of personal data loss. It is referred from Protection of Personal Data Law that privacy information such as name, telephone number, ID number, and passport information should be protected. E-mail plays a more critical role to transmit information with the growth of electronic commerce. As a result, the companies should make extra effort to place e-mail security under control to prevent loss of personal data. Their experience will be of great value to later offer suggestions to the government on ways in which the law could be amended to make it more workable.
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