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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/23 22:16
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Chapter Law Content

Chapter I General Provisions
Section 7 Making Information Public
Article 44
(Deleted)
Article 45
(Deleted)
Article 46
The party or an affected person may apply to an administrative authority for examining, transcribing, copying or taking photographs of relevant materials or records; provided that the materials or records are necessary for claiming or protecting his legal interest.
An application made under the preceding paragraph to an administrative authority may not be denied except for information specified as follows:
1. Drafts and other preliminary operational documents prepared before an administrative decision is made;
2. Information relating to national defense, military, diplomacy and any other general official secrets, which is legally required to be kept in confidence;
3. Information relating to personal privacy, occupational secrets and trade secrets, which is legally required to be kept in confidence;
4. Information [the disclosure of which] is likely to result in infringement of the right of any third party; and
5. Information [the disclosure of which] is likely to result in serious impairment to the social security, public safety or the normal performance of any function in connection with the public interest.
Examination shall be permitted of the part of the information specified under sub-paragraphs 2 and 3 of the preceding paragraph, if no confidentiality is necessary therefor.
Where a party finds any error in the materials or records referred to in paragraph 1, concerning the party himself, he is entitled to request the administrative authority to make correction upon producing proofs of the facts.
Article 47
In the course of an administrative procedure, a government officer shall not enter into contact with a party thereto or any person representing the interest thereof for any purpose other than that of the administrative procedure, unless it is necessary for the performance of his duties.
A government officer who has contacted a party or any person representing the interest thereof for any purpose other than that of the administrative procedure shall place in the file all written documents in connection with his communication with such party or person and shall make such documents open to all other parties, if any.
Where the contact referred to the preceding paragraph was not made in writing, a written record thereof shall be kept, describing therein the person contacted, the time and place where the contact was made, and the contents thereof.
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