Laws Information

法規資訊
Title: Personal Information Protection Act
Am Date: 2015-12-30

Chapter Article

Chapter  VI Supplementary Provisions
Article 51
The provisions of this Law are not applicable to the following situations:
1. When an individual who collects, processes or uses personal information in the course of personal activity of a domestic nature; and
2. if the audio-visual information is collected, processed or used in public places or public activities and not associated with the other personal information.
The provisions of this Law are applicable to the government agency and the non-government agency, when they collect, process or use the personal information of the citizens of the Republic of China outside the territory of the Republic of China.

Article 52
The competencies prescribed to the government authority in charge of subject industry at the central government level, municipality directly under the central government, or county or city government may be appointed to the subordinate agencies, other agencies or charitable groups. The personnel of such agencies should fulfill the obligation of confidentiality for all the information obtained during the job-undertaking.
The charitable groups prescribed in the preceding Paragraph should not be authorized by the Party in accordance with Paragraph 1 of Article 34 for litigation rights and should proceed to the action for damages in its own name.

Article 53
The Ministry of Justice shall, in conjunction with the competent authority in charge of the subject industry at the central government level, prescribe, and provide government and non-government agencies for reference and use with, the specific purpose and the classification of personal information.

Article 54
After the enforcement of the amendments to this Act on December 15, 2015, any processing or use of personal information that was furnished before the amendments to this Act on May 26, 2010 not by the Party, shall be notified to the Party pursuant to Article 9 before such processing or use.
The notification prescribed in the preceding Paragraph may be given at the time where such personal information is first used after the enforcement of the amendments to this Act on 15 December, 2015.
Any use of personal information without notification given in accordance with the preceding two Paragraphs is deemed and punished as a violation of Article 9.

Article 55
The Enforcement Rule of this Act shall be prescribed by the Ministry of Justice.

Article 56
The date for enforcement of this Act shall be set by the Executive Yuan.
The deletion of Articles 19 to 22 and Article 43 in the old Act becomes effective since the date of promulgation.
Until the date of promulgation in the preceding Paragraph, the enterprises, groups or individuals designated in Paragraph 2 of Article 43 in the old Act who are required to process registration or special permit within six months after the designated date, may apply for termination of process; the government authority in charge of subject industry shall refund the fees that have already been paid upon termination of process. Those who have completed the process may also apply for the refund of fees that have already been paid.
For the fees that have already been paid, it shall be refunded together with the total daily interest from the date of payment by the obligor to the date of termination of process set by the government authority in charge of subject industry based on the fixed annual interest rate for a one-year time deposit announced by the Directorate General of the Postal Remittances and Savings Bank on the beginning date of payment. The same is applicable to the fee refund situation of the above-mentioned completion of process, thereto the fees shall be refunded from the date of payment by the obligor to the date when the government authority in charge of subject industry approves such application.