Poren Chiang [email protected] / @RSChiang on Twitter Feel free to reach out! Research Assistant, IIAS LL.M., UCLA Law Photo by 松鼠 @ g0v Flickr, CC BY 2.0
• Enacted in 1995 as the Computer-Processed Personal Data Protection Act before the 2002 amendment generalized its application. • Nonwaivable rights to request to inspect, copy, amend, delete, or stop collecting personal data for individuals. • Requires disclosure of collected data categories. • Enact civil liabilities for data misuse and/or breach. Personal Data Protection Act
• Governmental access of personal information weren’t finely regulated; creating over-broad license and general confusion within the bureaucracy. • Consent model without finite time and/or granular control over collected data categories enabled data collectors to basically “ask once, use forever.” • Lack of data protection agency. • Burden of proof is high for data breach lawsuits. Personal Data Protection Act
• Copyright Act along with Open Government Data License released a lot of public sector statistics and publications to public domain for general use. • Active demands from private sector and citizens pushed for more live APIs; e.g., Transport Data eXchange. • Data quality issue exists as agencies with lesser interest data try to meet internal open data goals by uploading raw spreadsheets or empty-shell document with single hyperlink pointing to their website. Challenges on Open Data
2021 T-Road Maintenance Contract CFP, National Development Council. T-Road Network (GSN VPN) Connects data from agencies nationwide Labor Insurance NHI Enrollment Record Household Registration Built by Nat’l Dev. Council Agency Sandbox T-Road Mgmt Plat. Govt Data Transport Plat. Web Portal (Centralized listing) Svc. Lookup Impl. Flow Downloads Agency Citizen
• MyData provides the necessary service for private companies to ask for personal data directly from the government. • T-Road enables personal data sharing between different data-controlling agencies. • Neither of them addressed the fundamental issues in PDPA. • Weak audit mechanism may lead to accountability problems. MyData & T-Road
https://www.cna.com.tw/news/aipl/202012090107.aspx Digital ID Card Full Rollout in July 2021 MOICA Integration Available NHI Card Driver License Interopable Info printed: Name, ID#, date of birth, marriage status, photo, renewal due Spouse, parent names, residential address are stored in chip, requires consent to read
• RFID-enabled, per-zone encrypted smart card set to begin issuance in 2020. • Original plan to integrate with NHI card cancelled; optional integration with MOICA still available. • Civil outcry postponed the actual rollout. • Legal basis: None* • No legal means to stop private sectors from misusing ID number or e-ID itself. e-ID in Taiwan
• Data Governance is the upfront issue of meaningful digital government adoption → Minimal, only-once, accountable collection • Quality digital service builds on good government service → Infrastructure investment improves digital experience → Transparent, open data empowers citizens and domestic software industry alike Rolling on