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Title: Personal Data Protection Act CH
Category: Preparatory Office of Personal Data Protection Commission(個人資料保護委員會籌備處)
Chapter V Penalties
Article 41
If a person, with the intention of obtaining unlawful gains for himself/herself or a third party, or with the intention of impairing another person's interests, is in violation of paragraph 1 of Article 6, Articles 15, 16, 19, and paragraph 1 of Article 20, or an order or decision relating to the restrictions on cross-border transfers made by the central government authority in charge of the industry concerned in accordance with Article 21 of the PDPA, thereby causing damage to others, the person shall be sentenced to imprisonment for no more than five years; in addition thereto, a fine of no more than NT$1,000,000 may be imposed.
Article 42
If a person, with the intention of obtaining unlawful gains for himself/herself or for a third party, or infringing upon the interests of others, illegally changes or erases personal data files, or otherwise compromises the accuracy of another's personal data files, thereby causing damages to others, the person shall be sentenced to imprisonment for no more than five years or detention, and/or a fine of no more than NT$1,000,000.
Article 43
The preceding two articles also apply to nationals of the Republic of China if they commit any offense specified therein outside of the Republic of China against any other national of the Republic of China.
Article 44
A government official who abuses the power, opportunity or means available to him/her to commit any of the offenses described in this Chapter shall be subject to a more severe punishment which is up to 50% more than that prescribed above.
Article 45
A person who committed any of the offenses identified in this Chapter shall be indicted only upon a complaint, except for the offenses specified in Article 41 and those identified in Article 42 against a government agency.
Article 46
If a more severe punishment is provided for under other laws with respect to the offenses identified in this Chapter, the more severe punishment shall take precedence.
Article 47
If a non-government agency violates any of the following provisions, the central government authority in charge of the industry concerned or the special municipality, county (city) government concerned shall impose a fine of not less than NT$50,000 but not more than NT$500,000 on the non-government agency, and shall order the non-government agency to rectify the violation within a specified period of time. If the non-government agency fails to rectify the violation in time, a fine shall be imposed for each occurrence of the violation:
1. paragraph 1 of Article 6;
2. Article 19;
3. paragraph 1 of Article 20; and/or
4. an order or decision relating to the restrictions on cross-border transfers made by the central government authority in charge of the industry concerned under Article 21.
Article 48
If a non-government agency violates any of the following provisions, the central government authority in charge of the industry concerned or the special municipality, county (city) government concerned shall order the non-government agency to rectify the violation within a specified period of time; if the non-government agency fails to rectify the violation in time, a fine of not less than NT$20,000 but not more than NT$200,000 shall be imposed on the non-government agency for each occurrence of the violation:
1. Article 8 or Article 9;
2. Article 10, Article 11, Article 12, or Article 13;
3. paragraph 2 or paragraph 3 of Article 20.
If a non-government agency violates paragraph 1 of Article 27 or fails to establish a security and maintenance plan for the protection of personal data files or rules on disposing of personal data following a business termination under paragraph 2 of Article 27, the central government authority in charge of the industry concerned or the special municipality, county (city) government concerned shall impose a fine of not less than NT$20,000 but not more than NT$2,000,000 on the non-government agency, and shall order the non-government agency to rectify the violation within a specified period of time. If the non-government agency fails to rectify the violation in time, a fine of not less than NT$150,000 but not more than NT$15,000,000 shall be imposed for each occurrence of the violation.
If a non-government agency violates paragraph 1 of Article 27, or fails to establish a security and maintenance plan for the protection of personal data files or rules on disposing of personal data following a business termination under paragraph 2 of Article 27, which is of a serious violation, the central government authority in charge of the industry concerned or the special municipality, county (city) government concerned shall impose a fine not less than NT$150,000 but not more than NT$15,000,000 on the non-government agency to rectify the violation within a specified period of time; if the non-government agency fails to rectify the violation in time, a fine shall be imposed for each occurrence of the violation.
Article 49
If a non-government agency is in violation of paragraph 4 of Article 22 without any legitimate reason, the central government authority in charge of the industry concerned or the special municipality, county (city) government concerned shall impose a fine of not less than NT$20,000 but not more than NT$200,000 on the non-government agency.
Article 50
The representative, manager, or any other authorized representative of a non-government agency shall be fined the same amount imposed on the non-government agency for a violation of any of the preceding three articles, unless said person proves that he/she has exercised due care to prevent such violation.