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Asian Data Privacy LawsTrade & Human Rights Perspectives$
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Graham Greenleaf

Print publication date: 2014

Print ISBN-13: 9780199679669

Published to Oxford Scholarship Online: December 2014

DOI: 10.1093/acprof:oso/9780199679669.001.0001

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Taiwan—A Stronger Law, on a Constitutional Base

Taiwan—A Stronger Law, on a Constitutional Base

(p.160) (p.161) 6 Taiwan—A Stronger Law, on a Constitutional Base
Asian Data Privacy Laws

Graham Greenleaf

Oxford University Press

Taiwan’s Personal Data Protection Act 2010 (PIPA) strengthens a previous very weak law, but its enforcement is not yet demonstrated. Taiwan has been a post-authoritarian society for 30 years, and is now the only fully democratic polity in the Chinese-speaking world. It has fashioned increasingly strong protections for civil liberties, based on forceful court interpretations of its constitutional protections, and tort protections under its civil code. Consistent with those developments, a previously weak and non-comprehensive data privacy law has been replaced with one that appears to be much stronger, though still missing a separate data protection authority. The PIPA and its Enforcement Rules are analysed in detail. Details of the as yet limited enforcement actions are included, and the limited transparency of the Act is criticized.

Keywords:   data protection, privacy, Asia, Taiwan, constitution, China, post-authoritarian

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