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New Amendment to Taiwan's Personal Information Protection Act: A Significant Step in Fraud Prevention

Taiwan has successfully passed a significant amendment to its Personal Data Protection Act, marking a significant step in the fight against fraud cases and securing the privacy of personal data.

The National Development Council (NDC) announced that businesses failing to adequately protect personal data, resulting in leaks, will face increased fines ranging from 20,000 to 2 million NTD. In severe cases, or those who fail to rectify the situation within a specified period, fines could reach between 150,000 and 15 million TWD. This significant increase in penalties aims to deter data leaks and raise awareness among businesses about the importance of personal data protection.

Apart from escalating the penalties, the amendment also introduces a new provision that clearly designates the "Personal Data Protection Committee" as the governing body for future personal data protection. This move echoes the Constitutional Court's ruling No. 13 last August, fulfilling the demand for an independent personal data protection supervisory mechanism within three years.

According to the plan, the Personal Information Protection Committee will be an independent entity under the Executive Yuan. The Executive Yuan will establish a preparatory office in August, tasked with defining the Personal Information Protection Committee's organizational law and carrying out the second phase of amendments to the Personal Information Protection Act, aimed at strengthening personal data protection within public institutions.

The NDC official stated that the increase in penalties has been passed in the third reading and will take immediate effect after the President's announcement. However, the establishment of the "Personal Information Protection Committee" will have to wait until the organizational law is finalized. It is expected to be sent to the Legislative Yuan for review next year. If it passes successfully, it could be established by next year at the earliest.

Once the Personal Information Protection Committee is set up, the current "decentralized" supervision of the Personal Information Protection Act will be replaced with a "dedicated" supervisory system. This change will address current practical supervisory problems under the "decentralized" management of the Personal Information Protection Act and align Taiwan's approach with international trends. 

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