Article 12 of the 1946 Republic of China Constitution states, "The people shall have freedom of privacy of correspondence." Additionally, the Constitution protects many rights that have an impact on privacy, such as free exercise of religion (Article 13) and freedom of association (Article 14).[2616]
The most important statutory privacy provision in Taiwan is the Computer-Processed Personal Data Protection Law, enacted in August 1995.[2617] The Act governs the collection and use of personally identifiable information by government agencies and many areas of the private sector. It requires that "[t]he collection or utilization of personal data shall respect the rights and interests of the principal and such personal data shall be handled in accordance with the principles of honesty and credibility so as not to exceed the scope of the specific purpose." Individuals have a right of access and correction of their data, the ability to request cessation of computerized processing and use, and the ability to request deletion of their data. Data flows to countries without privacy laws can be prohibited, and damages can be assessed for violations. The Act also establishes separate principles for eight categories of private institutions: credit information organizations, hospitals, schools, telecommunication businesses, financial businesses, securities businesses, insurance businesses, and mass media, as well as "other enterprises, organizations, or individuals designated by the Ministry of Justice and the central government authorities in charge of concerned end enterprises."[2618]
There is no single privacy oversight body to enforce the Act. The Ministry of Justice enforces the Act for government agencies. For the private sector, the relevant government agency for that sector enforces compliance. For example, the Criminal Investigation Bureau (CIB) arrested several people in November 1998 for selling lists of more than fifteen million voters and personal data of up to forty million individuals in violation of the Act.[2619]
Several laws control spying or surveillance by private parties. Article 315 of Taiwan's Criminal Code states that a person who, without reason, opens or conceals a sealed letter, or other sealed document belonging to another, may be punished under the law. The 1996 Telecommunications Law states "Unauthorized third parties shall not receive, record or use other illegal means to infringe upon the secrets of telecommunications enterprises and telecommunications messages. A telecommunications enterprise should take proper and necessary measures to protect its telecommunications security."[2620] The Act was amended in October 1999 to increase penalties for illegal telephone taps to TWD1.5 million (~USD43,600)and up to five years in prison.
Illegal wiretapping by the government has been a widespread problem in Taiwan for years. Previously, under the martial law-era Telecommunications Surveillance Act and Code of Criminal Procedure, judicial and security authorities simply had to file a written request with a prosecutor's office to wiretap a suspect's telephone calls. In June 1999, the Parliament approved the Telecommunication Protection and Control Actin to impose stricter guidelines on when and how wiretaps can be used, although they can still be approved for broad reasons such as "national security" and "social order." The act also requires telecommunications providers to assist law enforcement and sets technical requirements for interception, which is opposed by mobile phone providers.[2621] In 1998, the Supreme Court ruled that evidence obtained through illegal wiretaps was not admissible in a criminal trial.
The Prosecutor General's Office revealed in 1999 that over 15,000 people were subject to wiretapping, including for "political intelligence" in the first half of 1999.[2622] According to the United States State Department, the number of wiretaps was reduced to 3,377 in 2000 and 6,505 in the year 2001 following the enactment of the new law.[2623] In January 2000, a wiretap was found at the campaign office of presidential candidate (now President) Chen Shui-bian.[2624] Independent presidential candidate James Soong alleged in November 1999 that the government was tapping his campaign and home phones.[2625]
The new law also regulates wiretapping by the intelligence services, which previously operated without any supervision. In October 2000, Chin Huei-chu, a People First Party legislator accused the Military Intelligence Bureau (MIB) of conducting political surveillance domestically. The MIB denied the allegations saying that all intelligence work was directed solely at mainland China.[2626] Many legislators also claim that the National Security Bureau, which oversees national law enforcement, routinely monitors the phone conversations of politicians. This charge is also denied by the NSB.[2627]
Under the HIV Prevention Law, the government can demand that foreigners who have been in Taiwan for over three months provide an HIV test, and may deport them if they test positive.[2628] This is a liberalization of the earlier rule, which called for mandatory deportation of HIV-positive foreigners.[2629]
Plans for a national ID system are still developing. In 1997, the Taiwanese government proposed a new national ID card called the "National Integrated Circuit Card." The plan called for a smart card based system with over hundred uses for the card including ID, health insurance, driver's license, taxation and possibly small-value payments. Following public outcry based on the privacy implications of the plan, the government held hearings to evaluate it again. Eventually, the government abandoned the plan[2630] in favor of a traditional paper ID that will not contain fingerprints or other biometric information.[2631]
The Alliance for Personal Data Protection, consisting of more than fifty civil societies and non-governmental organizations, was formed in July 2002 to protest several government schemes that require citizens to submit sensitive personal data.[2632] The most criticized scheme is a next-generation national identity card system that would have required citizens to submit their fingerprints when applying for the ID cards.[2633] As the national ID card system is compulsory (each citizen must get one), the next-generation ID system would effectively create a national fingerprint database (and with no clearly specified purposes). The fingerprint scheme is currently put on-hold because of mass criticism, but the Ministry of Interior (which is responsible for the nation ID card system) has not given up the plan. Another heavily criticized scheme is a national health insurance integrated circuit (IC) card system using the national ID number, also compulsory, that stores sensitive personal information (such as ICD-9 code for illness classification) on the patient's health insurance IC card.[2634] After development started in 2001,[2635] the scheme is still being deployed. The second phase of the national insurance IC card system will store even more medical data on the card, such as the patient's prescription history and medical test results. As the National Health Insurance Act only requires a "health insurance certificate" for the purpose of identifying a person's insurance status, a compulsory IC card based system that stores personal medical data is viewed as violating the Computer-Processed Personal Data Protection Law.[2636]
Voyeurism and scandalous revelations in the media have prompted new demands for enhanced privacy protection. A video allegedly of a Taipei city council member engaged in sexual relations with her married lover - shot with a hidden pinhole camera - was released by a gossip magazine last year.[2637] Pornographic videos of female subjects taken without their knowledge have turned up on the Internet.[2638] In March of 2002, President Chen's daughter was forced to publicly deny that a hidden "pinhole" video of an intimate couple was of her and her future husband.[2639] In response, lawmakers are looking to strengthen the 1999 criminal law (Article 315) punishing circulation of illegally recorded activities. Currently, the law mandates prison terms of five years or fines of TWD 50,000 (~USD 1,453).
Taiwan is one of only a few non-Muslim states to criminalize adultery.[2640] This law corresponds to a strong social condemnation of sexual adventurism, which encourages the media to look for indiscretions among the famous. In July 2001, Taiwan industries announced the production of a special mobile 'spy phones.' The phones have a special chip that is supposed to be able to pick up sounds and voices in the near vicinity of the phone. Dialing a special code can remotely activate the chip. They are being marketed towards housewives as a means to spy on their husbands to see if they are having an extra-marital affair.[2641]
An increasing number of Taiwanese access the Internet in cyber-cafés,[2642] and Taiwan has new regulations for browsing in such establishments. The city of Taipei implemented a law last year banning cyber-cafés within two hundred meters of a school and limiting the hours children can enter the cafés. In response to protests by owners of cyber-cafes, the national government superceded the Taipei law with new regulations. Now, the popular shops must be no closer than fifty meters from schools, and need not restrict hours for children fifteen to eighteen.[2643] Also, the management of the cafés agreed to keep customers from accessing 'questionable' material, but will not be required to directly monitor Internet use.[2644]