104 on December 30 announced the amended certain provisions of the Personal Data Protection Act Enforcement Rules as amended and with some of the provisions , the Executive Yuan and the Ministry of Justice were designated 105 years since the March 15 implementation , open a new era of personal data protection

• Publication Date ： 2016-03-23
• Last updated：2019-08-29
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104 On December 30 the President announced the amended Personal Data Protection Act ( hereinafter referred to as a funding method ) , a total of 12 amendments , amend the provisions of the Executive Yuan industry opened in 105 years Feb. 25 designated 105 years since March 15 implementation. The implementation of an important part as follows : First, the next scheduled collection, processing and use " a special funding " of elements: Updating medical records and medical , genetic , sex, health checks, criminal record with as special a funding ; considering collection and use of special one capital , etc. , on rights and interests of the more general one capital as the most important , in principle, collect, process or use but at the time with the exception , it has to work , this amendment was to update the written consent to collect , process or use personal data subject to respect of the right to self-determination ; another update statutory duty to assist public office or official when the authorities to fulfill the statutory obligations to the extent necessary have to collect, process or use a special funding so that public office or public authority to perform statutory duties to fulfill legal obligations associated with the request and a special unit to provide financing , both to collect and provide information on the basis that it can be to address a funding method before the correction practice difficult to implement the dilemma ( a funding law Article 6 ) . Second, the amendment to a party funded a collection of general resources , processing and use of the agreed mode : Given today's pluralistic society activities and complex relationships , networking , e-commerce development of the booming information technology , the parties intention of the increasingly diverse ways , not in writing is limited , Yuan will present a general capital collection , processing and use of " written consent " is corrected to " consent " to facilitate the use of elasticity( A funding law Article 7 , Article 15, Article 16 , Article 19 and Article 20 ) . Third, the amended provisions of criminal responsibility to make considerable punishment : The amendment would unintended harm the interests for the benefit of others or themselves or a third person lawless , and a violation of the provisions of the law of criminal responsibility deleted funding , the Department is considering at this time the perpetrator may be a lower degree of censure to civil damages compensation for the imposition of administrative punishment is enough , this part of the criminal penalties Yuan deleted . Thus , according to a funding law after the amendment is limited to the perpetrator " intended to benefit himself or a third person or wrongfulness of the damage the interests of others ", and in violation of a law funding , before criminal liability ( a capital Article 41 and section 45 ) . Fourth, the correction period the old law to collect indirect financing of a point to inform : Before the amendment would a person acts indirectly owned collection of the old law period , delete the original should be completed within a year inform the prescribed period , corrected to collectors after the implementation of this amendment to handle or use , should use or for processing , in accordance with Article 9 inform ( a funding law Article 54 ) to the parties . To tie in with the other open content resources law amendments thereto , the Ministry of Justice Yuan to amend the Act Enforcement Rules of the relevant provisions , a total of nine . Provisions on open industry amendment 105 years Posted on March 2 , also designated 105 years since the March 15 implementation. After the implementation of a funding law amendments , personal information protection management system better by complete , and create a new era of personal data protection . The remaining amendments and instructions, see the Legal Protection of Personal Data Area (http://pipa.moj.gov.tw).