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MOHW is planning to impose restrictions on cross-border transfer of personal data by social worker offices to China
MOHW is planning to impose restrictions on cross-border transfer of personal data by social worker offices to China
Under the Taiwan Personal Data Protection Act (“PDPA”), cross-border transfer of personal data is, in principle, permitted. Nonetheless, under the authorization of Article 21 of the PDPA, the central competent authorities in charge of the relevant industry sectors may impose restrictions on cross-border transfer of personal data if (i) the transfer would prejudice any material national interest; (ii) the transfer is prohibited or restricted under an international treaty or agreement; (iii) the country to which the personal data is to be transferred does not afford sound legal protection of personal data, thereby affecting the rights or interests of the data subjects; or (iv) the purpose of the transfer is to evade restrictions under the PDPA.
Thus far, only the National Communications Commission (NCC) issued a blanket order on September 15, 2012 prohibiting communications enterprises (i.e., telecom operators and broadcasting operators) from transferring their subscribers’ personal data to China on the grounds that the personal data protection laws in China are still inadequate. On November 3, 2021, the Ministry of Health and Welfare (MOHW) proposed a draft ruling prohibiting social worker offices from transferring their service targets’ personal data to China for the same reason. If the aforesaid ruling takes effect, it will be the second ruling restricting cross-border transfer of personal data after the NCC’s ruling.
Should you have any questions or require any assistance, please do not hesitate to contact any member of our Digital, TMT and Data Privacy Practice Group.