August 2017
When individuals request an administrative agency to remove their personal information, it is permitted not to delete the personal information if the specific purposes of collecting personal information still exist or if the personal information is still needed for the performance of its duty(Taiwan)
2016.08.05
Emily Chueh
The Ministry of Justice rendered the Yi-Fa-Lu-10503510410 Circular of August 5, 2016 (hereinafter, the "Circular"), pointing out that when individuals request an administrative agency to remove their personal information, the personal information should not be removed if the specific purposes of collecting personal information still exist or if the personal information is still needed for the performance of its duty.
The Circular first points out that Article 4 of the Personal Information Protection Law (hereinafter, the "Law") provides: "Whoever commissioned by a government agency or non-government agency to collect, process or use personal information should be considered the commissioning agency within the scope of this Law." Article 7 of the Enforcement Rules of the same law provides: "Juristic persons, organizations or natural persons commissioned to collect, process or use personal information shall be governed by the provisions applicable to commissioning agencies." However, whether an individual should assert relevant rights under the Law against a commissioning or commissioned entity should depend on individual cases, and it is not true that a commissioning entity is the only entity to be approached for such matters.
The Circular also points out that Article 11, Paragraph 3 of the Law provides: "The information collected should be deleted or discontinued from processing or use, ex officio or upon request of the individual concerned when the specific purpose no longer exists or time period expires, provided, however, that this shall not apply if such information is necessary for the performance of an official duty or if the written consent from the individual concerned has been obtained." The expression that "the specific purpose no longer exists" means: (1) A government agency is abolished or restructured so that it is no longer an agency that handles such business; (2) a non-government agency is shut down or dissolved so that the agency that handles the business no longer exists, or the scope of business of such agency is changed to an extent that does not meet the original purposes of collection; (3) the specific purpose has been achieved so that the is no need to continue the processing or use; or (4) there are other reasons sufficient to conclude that such specific purpose is not achievable or does not exist anymore. Therefore, when an individual requests that an administrative agency should remove his or her personal information, it is permitted not to delete the personal information if the specific purpose for collecting such personal information continues to exist or if such personal information is required for the performance of its duty.
Emily Chueh
The Ministry of Justice rendered the Yi-Fa-Lu-10503510410 Circular of August 5, 2016 (hereinafter, the "Circular"), pointing out that when individuals request an administrative agency to remove their personal information, the personal information should not be removed if the specific purposes of collecting personal information still exist or if the personal information is still needed for the performance of its duty.
The Circular first points out that Article 4 of the Personal Information Protection Law (hereinafter, the "Law") provides: "Whoever commissioned by a government agency or non-government agency to collect, process or use personal information should be considered the commissioning agency within the scope of this Law." Article 7 of the Enforcement Rules of the same law provides: "Juristic persons, organizations or natural persons commissioned to collect, process or use personal information shall be governed by the provisions applicable to commissioning agencies." However, whether an individual should assert relevant rights under the Law against a commissioning or commissioned entity should depend on individual cases, and it is not true that a commissioning entity is the only entity to be approached for such matters.
The Circular also points out that Article 11, Paragraph 3 of the Law provides: "The information collected should be deleted or discontinued from processing or use, ex officio or upon request of the individual concerned when the specific purpose no longer exists or time period expires, provided, however, that this shall not apply if such information is necessary for the performance of an official duty or if the written consent from the individual concerned has been obtained." The expression that "the specific purpose no longer exists" means: (1) A government agency is abolished or restructured so that it is no longer an agency that handles such business; (2) a non-government agency is shut down or dissolved so that the agency that handles the business no longer exists, or the scope of business of such agency is changed to an extent that does not meet the original purposes of collection; (3) the specific purpose has been achieved so that the is no need to continue the processing or use; or (4) there are other reasons sufficient to conclude that such specific purpose is not achievable or does not exist anymore. Therefore, when an individual requests that an administrative agency should remove his or her personal information, it is permitted not to delete the personal information if the specific purpose for collecting such personal information continues to exist or if such personal information is required for the performance of its duty.
