A Year of Human Rights Covenants: Great Leap for Taiwan
National Human Rights Commission, Taiwan
of NHI data for use by a third party (including
the use of such data for business purposes by
government agencies or for research purposes
by academic research institutions and other
professional institutions) already exceeds the
NHIA’s original purpose of data collection.
Moreover, the various stipulations of the
exceptions set out in subparagraph 4 of Article 6
paragraph 1 of the Personal Data Protection Act,
are against the Constitution’s protection of the
right to privacy.
On April 26, 2021, the NHRC attended the oral
argument of the case to express its opinion from
the standpoint of international human rights
norms.
Citizens’ health and personal privacy are neither
an all-in nor an all-out zero-sum game. Personal
health data is critical to the correct diagnosis and
prevention of disease by physicians, it is, thus,
more sensitive than other types of private data.
The progress of contemporary public health
relies to a great extent on collecting, dealing with
and using personal health data. Furthermore,
statistics and the results of research are
highly important for the health of the people.
Nonetheless, even though the public interest
is sought, yet there should be respect for the
substantive right of protection of personal data of
the persons concerned, through appropriate and
concrete measures of protection.
The NHRC pointed out that currently the
legal rights afforded the health database
are insufficiently precise, the demands for
declassification are insufficiently clear, and
whether the security of the relevant information
and the material therein conform to the principle
of least necessity accorded to a legally-approved
task is unclear—all lack adequate systems of
monitoring.
Although administrative agencies lower the risk
of leakage of private details by adopting relevant
orders, yet, given the inadequacy of the existing
legal framework and the limited protection of
privacy, to completely deprive a concerned
party from withdrawing personal data violates the
principle of proportionality.
▋ The NHRC at the Taiwan Constitutional Court as an expert witness.
National Human Rights Commission 2022 Annual Report
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