Study On The Personal Data Protection’s Legal System Of Taiwan,china

Personal data has been known as one of the most valuable resources in modern society,both the government administrative activities and the enterprise management are based onpersonal data. However, when personal data value has just been realized, it has also beenviolated. Especially with the development of modern technology, personal data can becollected, processed and utilized devoid of restriction of time and space. It is the popularchoice in modern country to protect personal data by legal means. Personal data protectionlegislation in Europe and America started early and developed rapidly. European countriesbuild their personal data protection legal systems based on personality rights, while U.S basedon the right of privacy. Taiwan area enacted “Computer Processing of Personal DataProtection Act” in1995, which opened a new era of protecting personal data with special“law”. This law was amended in2010and came into effect in2012. For the same origincultural traditions and social psychology shared by China Mainland and Taiwan, thelegislation and amendment of personal data protection laws in Taiwan has a great significanceof reference for China. Therefore this paper takes Taiwan area’s personal data protection lawas the object of study, comprehensively introduces and commends it, in order to make acontribution to China’s personal data protection legislation.This paper includes three sections to discuss the above issues.The first part introduces the legal framework of Taiwan area’s personal data protection.Firstly, beginning with the legislative background and history, I introduce Taiwan’s personaldata protection legislation and amending work for the sake of foreign trade and the protectionof civil right. Secondly, I clarify the basis of the right of Taiwan’s personal data protection.Germany’s foundation of personal data right protection evolves from the general personalityright to the self-determined information right, while USA’s from the rights of privacy to rightof information privacy, so I put forward that the foundation right of Taiwan area’s personaldata protection is the right of information privacy and self-determination, which share thesame connotation. Thirdly, I describe the right that the parties deserve and the obligation thatthe public authorities and non-official organization should fulfill. I also explain that thebehavioral agent will bear civil, administrative even criminal liabilities when it violates thislaw. Finally, I introduce the secondary statutes and the competent authority. The secondary statutes formulated on the basis of the "Personal Data Protection Act" is of great significancefor the protection of personal data. Personal data protection authorities are the centralcompetent authorities and the municipality or county (city) government. That there is nospecial authority is a lack of legal protection of personal data in Taiwan.The second part expounds the legal protection of personal data in Taiwan area.Thissection analyses from four aspects: Firstly, I propose the structural problems of “PersonalData Protection Act”. The present provisions, such as the parties’ consent and the use for otherpurposes, cannot protect right of the information privacy and self-determination. Secondly,the special data requirement is unscientific, which mainly reflects in narrow categories andinadequate protection. Thirdly, there is no specific personal data protection authorities.Personal data may be inter-departmental and inter-regional transmitted. It is hard tocoordinate all the related issues, if there is no unified the central competent authority.Therefore, Taiwan should establish personal data protection authority in line with their reality.Fourthly, the public interest provisions bury dispute. Taiwan region provides many publicinterest clauses in the "Personal Data Protection Act". But it does not regulate the follow-upmeasures, and there is no unambiguous guidance for the subject of the parties, which causesuncertainty of the law application.The third section discusses the revelation of personal data protection law in Taiwan onChina mainland. Firstly, I discuss the need to accelerate China’s personal data protectionlegislation in three aspects: promoting of the theoretical research, insufficient current normsand inadequate protection. Secondly, I relate and analyze the possibility for China to referenceTaiwan’s experience in two aspects: the origin shared by China mainland and Taiwan, andTaiwan’s advanced practical personal data protection legal system. Finally, I put forwardrelevant system reference suitable to China’s national conditions, including the selection oflegislation mode, the reinforced constraints of the public power, the establishment of specialpersonal data protection authority, the relief system and the group litigation system ofcompensation mechanism for damages and so on.