With respect to this longtime dispute in the legal system, the Ministry of Health and Welfare has agreed to amend to the law, but has yet to face or solve the problem proactively. The court judgments therefore lack provision of the legal certainty and predictability for the food dealers. Given this, the Ministry of Health and Welfare should discuss the solution promptly to settle the dispute Article 17 Privacy and Reputation/Credit Protection Privacy and Reputation 116. To punish with an order to submit to physical examination is an order that infringes upon the sense of privacy and intactness of the body; it is an order which may only be rendered when complies with the principle of legal reservation and proportionality required under Article 23 of the Constitution. On February 20, 2017, 53 packs of amphetamines were found at Ching-ChuanKang Air Force Base. To clear the reputation of the military and respond to public opinion, all those on the base, including 2,554 military officers and soldiersof the 427th Squadron, as well as dozens of contract workers, were ordered to take urine tests. Clearly, this was in contravention of Article 33 of the Narcotics Hazard Prevention Act, Point 3 of the Regulations Governing Drug Abuse Urine Testing Operations for National Military Officers and Soldiers, and a response that was out of proportion. Of those tested, ten individuals who tested positive for level-1 drug opioid metabolites (including morphine and codeine) were handed over to the legal authorities by the military police. The investigation results released a few months later by the prosecutor found that these ten individuals tested positive for drugs simply because they were taking medications for the common cold. Such findings still could not clear the public doubts about drug abuse in the military. There is also no way to seek a remedy for the damage to personal reputation of those individuals. The Ministry of National Defense should draw a lesson from this case, and carefully review the urine testing mechanism applied to the military forces, so as to comply with the law and human rights. Upon investigation and subsequent follow-up by the Control Yuan, the Ministry of National Defense reflected that, when deciding the response in similar cases in the future, it would take into account factors such as “necessity,” “expectation of reasonable privacy,” “public interest,” and “national defense security” with due diligence, to adhere to the intent of human rights protection under the Constitution. 117. Following resolution of a complaint of sexual harassment in 2017, and in order to prevent similar cases from arising in the future, the Taitung Drug Abuse Treatment Center installed a video surveillance system in its office and at the entrance. However, this may have invaded the the privacy of the Center’s officers and employees by continuously watching, monitoring, eavesdropping on them on the office premises and therefore violated the provisions of privacy 50

Select target paragraph3