protection under the Constitution. The Executive Yuan should, in reference to
the intent of the Judicial Yuan’s Interpretations No. 603 and No. 689, carefully
discuss whether the remedial measures, such as the installation of the video
surveillance system in a government agency’s office to prevent sexual
harassment, adhere to the principle of proportionality and of human rights
protection under the Constitution.
118. How the video surveillance data of MRT stations and trains are stored and
maintained is critical to passenger privacy. In order to prevent passenger
privacy from being violated, the Taipei Rapid Transit Corporation should store
the video surveillance data with extreme care. The Taipei City Police
Department should also check on the management of, access to, reproduction
and utilization of the video surveillance system, as well as the holding of
relevant audio/video data, to ensure the safety of the video surveillance data
and protect privacy. Upon investigation and subsequent follow-up by the
Control Yuan, the Taipei City Police Department has prepared related
programs in accordance with the Self-Government Regulations Governing the
Setup of Video Surveillance Systems in Taipei City, in order to check on and
manage the agencies utilizing video surveillance systems and ensure the safety
of their data.
Personal Data Protection
119. Concerning foreign nationals who are prohibited from leaving the country
upon the order of a prosecutor, when the prosecutor decides not to prosecute
them and revokes such orders, the Immigration Agency should determine if
the relevant records may be used in the future consideration of approval for
border entry or exit. Upon investigation and subsequent follow-up by the
Control Yuan, the Immigration Agency has deleted the remark “under
suspicion of committing an offense against sexual autonomy” from the record
for foreign nationals, but retains other data concerning other possible prior
offences in its archives.
120. Paragraph 1 of Article 16 of the Convention on the Rights of Children provides
that no child should be subjected to arbitrary or unlawful interference
regarding his or her privacy, family, home or correspondence, nor to unlawful
attacks on his or her honor and reputation. However, the Consumer Debt
Clearing Act, ostensibly using the “information disclosure” principle to protect
creditors’ rights, expressly provides that the 15 kinds of documents it uses to
determine credit worthiness, including reports on the debtor’s property and
revenue and rehabilitation programs, should be published online in lieu of
being delivered by post. As a result, when a court publishes related
information, it also often discloses the name, date of birth, address, and even
the schools the debtor’s minor children attend. This severely infringes upon
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