Dean Chen and Professor Chih-Chieh Lin have been invited to participate in the Judiciary and Organic Laws and Statutes Committee of the Legislative Yuan. Regarding the public hearings on the organization law of the Personal Information Regulatory Authority, the following legislative recommendations are proposed:
Firstly, considering that multinational corporations and foreign technology companies may possess personal data, how should the jurisdiction of this committee be implemented? There is concern that domestic small and medium-sized enterprises may end up being subjected to the strictest regulations. A tiered approach should be implemented.
Secondly, many companies may operate under licenses, and future inspections and penalties will involve various competitive and cooperative interactions. For instance, concerning patient data and financial consumer data, our requirements are stringent; therefore, how should those penalized seek recourse? Clarity must be established during legislative amendments.
Thirdly, besides ensuring consistency in terminology between the organizational law and the parent law, flexibility for timely updates should be retained to avoid constant legislative revisions. However, there must also be a requirement for clarity.
Fourthly, if personal data is unlawfully collected or misused, should the committee provide alternative remedies besides litigation? Should this mechanism be established within the committee or handled through an intermediary institution?
Finally, if data and information generation serve a public interest, such as personal health insurance data, consideration should be given to the density, manner, and openness of usage. While safeguarding personal data, the importance of utilizing data in the context of technological advancement must also be acknowledged.
