A Study on Punishment in Personal Data Protection Act
| Autor: | Miau-chih, Chou, 周妙枝 |
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| Rok vydání: | 2014 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 102 "Personal Data Protection Act," revised from "Computer Processing of Personal Data Protection Act," amended and promulgated on May 26, 2010, was announced October 1, 2012. Its focus on amending the law on criminal responsibility, the main object is to extend the penalty-profit and non-violation of norms intent crime, and violations of intent for profit, increase criminal liability to five years imprisonment, and a NT $ 1 million fines will also intent on profit and public agencies committed the crime of obstruction of a lawsuit to recover assets correctness requirements to non-telling is on. The new law provides for a penalty of about funding, in addition to the violation of the criminal law seems clear Elements of the basic requirements, there is also the main crime problem is unknown and in criminal and non-exploitative degree of blame were treated in other countries. With regard to those points, in this paper asserts: (a) to avoiding implicated too broad, should be deleted non-exploitative criminal violation of Personal Data Protection this Act, instead of torts damages or administrative penalties; (b) to avoid to conflict with The Freedom of Government Information Law and contrary to the original intention of the legislation, public schools, public hospitals, social education institutions and other non-exercise of public authority of local or central authorities should be included in the scope of official authority specification; (c) for the avoidance of too general to expand the definition of personal data, should be added "can recognize the individual's data" after the exemplified regulations, and too difficult to distinguish the sensitivity of personal information, can be used the "health" instead of "medical", "health" and "health check"; (d) the statistical or scholarly study of the individual to whom the information collection, processing, use, or outside Objective, should have a higher public nature, and should then set certain provisions in the program party terribly. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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