萬國法律事務所

The legislative Yuan Passes Third Reading of an amendment to the Personal Information Protection Act on December 15, 2015. According to the amendment, the sensitive personal information, which was defined and protected by Article 6, should not be collected processed or used, unless it is necessary for the government agency to perform its duties, exposed by the party (an individual of whom the personal information has been collected, processed or used in accordance with Personal Information Protection Act.), on the purpose of academic research, or has been made the written consent by the party. Otherwise, the offender shall be sentenced to imprisonment for not more than five years; in addition thereto, a fine of not more than one million yuan may be imposed. Also, the medical record was added in the sensitive personal information.

Under the current Personal Information Protection Act writing, it is difficult to collected, processed or used sensitive personal information. For example, it is illegal, when Insurance salesman or a fitness coach needs to understand the customer’s health situation, even the information is offered by client or client has made the written consent. Thus, the Executive Yuan has not promulgated effect date. After this amendment, once the written consent has been made, it will not be subject to the limits.