Taiwan - The Ministry Of Justice (“MOJ”) Commented On The Legality Of The Collection Of Personal Information By Telecommunication Operator.
Legal News & Analysis - Asia Pacific - Taiwan - Regulatory & Compliance
25 November, 2017
The MOJ commented in its letter dated August 24, 2017 that it had been a practice of the telecommunication operators to collect personal information detail (name, date of birth, personal ID number, and photocopy of dual identities) from, and to turn on the actual application process for, a consumer who wants to know prior to submitting an application for a new mobile phone number what would be the amount of subsidy to be returned in the event of an early termination, before providing an answer to such customer. Such consumer would not learn of the amount of subsidy which she or he had inquired if the consumer does not disclose the personal information requested by the operator.
The MOJ indicated that the scope of personal information collected by the operator in the aforementioned practice had apparently exceeded the necessary scope for inquiries and the principle of proportionality, and violated Article 5 of the Personal Information Protection Act, which provides that the disclosing party’s right and interest shall be respected in the collection, processing or use of the personal information, that the same must be handled in accordance with the principle of good faith, and that the personal information collected must be rightfully and reasonable related to the purpose of such collection.
For further information, please contact:
C. Y. Huang, Partner, Tsar & Tsai Law Firm