Chapter  V Penalties

Article 41
Any person who, with the intention to acquire illegal profits for himself/herself or a third party, or to impair other person’s interests,violates Paragraph 1 of Article 6, Articles 15, 16, 17, 19, and Paragraph 1 of Article 20, or an order or disciplinary action of limitation on international transmission made by the competent authority in charge of the subject industry at the central government level in accordance with Article 21, which violation if sufficient to harm other people’s rights, shall be subject to imprisonment for not more than five years or a fine of not more than NT$1,000,000, or both.

Article 42
A person who intends to make unlawful profits for himself or for a third party, or intends to infringe upon the interests of others by illegally changing or deleting personal information files, or by other illegal means and has impeded the accuracy of other people’s personal information files and caused damages to others should be imposed of an imprisonment or custody of no more than 5 years, or a fine of no more than NT$1,000,000, or both.

Article 43
The above two Articles may be applicable to a citizen of the Republic of China who commits those crimes to citizens of the Republic of China outside the territory of the Country.

Article 44
A government official who takes advantage of his position, or opportunity or means available to him to commit the offenses prescribed in this Chapter should be subject to punishments half as severe as those enumerated above.

Article 45
The offenses referred to in this Chapter should be instituted only upon a complaint, except offenses specified in Article 41 and those against a government agency in Article 42.

Article 46
In the event where a more severe punishment is provided for in other laws with respect to the offenses outlined in this Chapter, the more severe one should be applied.

Article 47
Upon occurrence of any of the followings, the government authority in charge of subject industry at the central government level, municipality directly under the central government, or county or city government should impose an administrative fine of no less than NT$50,000 but no more than NT$500,000 on the non-government agency and should order the said agency to take corrective measures within a specified time period. In the event when the agency fails to do so, a fine should be imposed each time the violation occurs:
1. a violation of the provisions of Paragraph 1 of Article 6;
2. a violation of the provisions of Article 19;
3. a violation of the provisions of Paragraph 1 of Article 20; and
4. a violation of the order of the limitation on international transmission imposed by the government authority in charge of subject industry at the central government level concerning the restriction of international transmission of personal information in accordance with the provisions of Article 21.

Article 48
Upon occurrence of any of the following, the government authority in charge of subject industry at the central government level, municipality directly under the central government, or county or city government should order the non-government agency to take corrective measures within a specified time period. If they are not taken within that period, an administrative fine of no less than NT$20,000 but no more than NT$200,000 should be imposed upon the agency each time a violation of any of the followings occurs:
1. A violation of the provisions of Article 8 or Article 9;
2. A violation of the provisions of Article 10, Article 11, Article 12 or Article 13 hereinabove;
3. A violation of the provisions of Paragraph 2 or Paragraph 3 of Article 20 hereinabove;
4. A violation of the provisions of Paragraph 1 of Article 27 or a failure to set up a security and maintenance plan for personal information file or a disposal measure for the personal information after termination of business in accordance with Paragraph 2 of Article 27.

Article 49
A non-government agency violates the provisions of Paragraph 4 of Article 22 without proper reasons should be imposed of an administrative fine of no less than NT$20,000 by the government authority in charge of subject industry at the central government level, municipality directly under the central government, or county or city government.

Article 50
The main representative, manager or other representative of a non-government agency who should be imposed of an administrative fine due to the violation of the preceding three Articles of the agency should be subject to the same amount of the fine, unless the obligation of the representative has been proved to be fulfilled.