Establishment of the Data Protection Agency in Taiwan

The Constitutional Court ruled that the government should establish a data protection agency to ensure data privacy and to combat data abuse and theft.

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Following a Constitutional Court ruling in August 2022 in a case involving the National Health Insurance Administration (NHIA), which was accused of giving third parties access to a database of health insurance data without public authorisation, Taiwan will establish a new data protection agency

Personal data protection is managed by many authorities, including the Ministry of Digital Affairs and the National Council for Science and Technology, but the court ruled that the government should create a distinct body to address problems between NGOs.

More than 23 million pieces of data were leaked from the Taiwanese system at the end of 2022, and following several data misuses, an amendment was passed stating that those who do not implement appropriate security measures to prevent the theft, alteration, damage, destruction, or disclosure of personal data may face a penalty that increases fines.

In April 2023, the National Development Council (NDC) submitted to the government a draft of revisions to some articles of the Law on the Protection of Personal Data, in order to increase the penalties for data breaches, because data security breaches occurred in companies such as China Airlines, despite the Constitutional Court’s decision.