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Data Protection & Privacy in Taiwan: Key Legal Advices, Consent, and Scope of Privacy

This collection of legal advices focuses on data protection and privacy in Taiwan. It covers topics such as the key legal principles, the importance of consent, restrictions on consent, sensitive data, and individual awareness of privacy. It also discusses the responsibilities of data collectors, the impact of modern technology on privacy, government actions, and technology development.

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Data Protection & Privacy in Taiwan: Key Legal Advices, Consent, and Scope of Privacy

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  1. Cybersecurity, Data Protection and Privacy Ken-Ying Tseng Partner June 2011

  2. Collection of Personal Data • Most Frequently Sought Legal Advices Concerning Data Protection • Taiwan --- Personal Data Protection Statute • Consent – the key to collect and use personal data • Form • Substance • Restrictions on Consent • Sensitive Data -- medical treatment, gene (DNA), sexual life, health check, and criminal records

  3. Individual Consent Generally Available Source ----Taiwan’s new amendment to data protection statute Individual Awareness of Protection of Privacy and Personal Data Data Collector’s Responsibility Scope of Privacy

  4. Modern Technology – low cost surveillance/ no where to hide in the cyberspace Technology May Change Social Norm Legal Restrictions Data Protection Act– generally available sources Protection on non-public speeches Technology and Surveillance

  5. Actions of Government • Government plays a key role in the protection of privacy. • It shall continue to educate the public and the Internet users and encourage discussion and dialogue in the society to form a common view and value of privacy protection.

  6. Technology Development • Technology development can help to better protect privacy in cyberspace. • Solutions allowing anonymity or pseudonymity shall be explored.

  7. Business Reduces Load of Data • Businesses shall take practical measures to reduce the security risks. • To the extent possible, they shall maintain, record, or carry less personal data in their systems and shall detach the identities of the data subject whenever possible.

  8. Thank you!

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