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YulingHuFirstPaper 3 - 11 May 2013 - Main.EbenMoglen
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The New Personal Data Protection Act in Taiwan | | | 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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It's interesting to
observe how easily one can legislate to absurdity if there aren't
strong free speech guarantees entrenched against legislative
erosion. Obviously, without a strong basis for limiting the effect
of such over-regulation through aggressive free speech doctrine,
including overbreadth and similar rules to allow broad challenges by
parties regardless of the constitutionality of the regulations as
applied to them, "data protection" can be turned into a roving
charter for government to suppress or punish any speech it desires.
Conceptually, one can benefit from this legislation by seeing how
pointless this sort of engineering is: the legislator trying to
operate this way has to regulate directly every transaction
involving information about people, despite the overwhelming variety
of contexts involved. The result is foolish formalism, which is
either enforced to the breaking point or remodeled in practice by
the introduction through some other social medium of all the
flexibility subtracted by the "strictness" of the statute.
Someone wishing to explain why the ethics of privacy are ecological
rather than transactional could hardly have a better negative
illustration available.
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