On August 30, 2012, Taiwan’s Executive Yuan announced that the Personal Data Protection Act will become effective on October 1, 2012. In connection with the announcement, the Executive Yuan also proposed several amendments to certain controversial provisions to be discussed by the Legislative Yuan in September.
Reportedly, the amendments would include the following changes:
- adding “medical records” as a type of sensitive personal data, and inserting exceptions to restrictions on the use of sensitive personal data (e.g., for public interest reasons or with the data subject’s written consent);
- replacing the requirement to notify all data subjects of the indirect collection of personal data that pertains to them within one year of the Act’s effective date with a simplified requirement to notify these data subjects prior to the use or processing of personal data that pertains to them; and
- removing criminal liability for the misuse of personal data if such misuse is not done for profit.