Taiwan Data Privacy
Overview
The Personal Data Protection Act (PDPA) is the primary legislation governing personal data protection in Taiwan. The Enforcement Rules of the PDPA provide further guidelines on interpretation and implementation of the PDPA.
The term “personal data” is defined in the PDPA to refer to information that may be used to directly or indirectly identify a natural person.
According to the PDPA, a data subject’s consent is required for the collection, processing and use of his/her personal data. The collection, processing and use of personal data must be carried out within the necessary scope of the specific purposes disclosed/notified to the data subject at the time of collection. The collection and processing of sensitive personal data is prohibited unless certain conditions are met. The PDPA also lists out the key principles that apply to the processing of personal data, the individual rights of data subjects in relation to their personal data, and the measures to be taken by a controller/processor to ensure the security of personal data.
Article 21 of the PDPA stipulates that non-governmental entities are restricted by central competent authorities from transferring personal data outside Taiwan if any of the following circumstances occurs: (i) where major national interests are involved; (ii) where an international treaty or agreement specifies otherwise; (iii) where the country receiving personal data lacks proper regulations governing the personal data protection so that it might harm the rights and interests of the data subject; or (iv) where the cross-border transfer of personal data is made through an indirect method for circumventing the application of the PDPA. In practice, in addition to the PDPA, respective competent government agencies may have detailed administrative rules or requirements for cross-border personal data transfer, and thus it is prudent for a non-governmental entity to confirm the legality with its supervisory authority before making any international transfer of personal data.
AWS is vigilant about your privacy and data security. Security at AWS starts with our core infrastructure. Custom-built for the cloud and designed to meet the most stringent security requirements in the world, our infrastructure is monitored 24x7 to ensure the confidentiality, integrity, and availability of our customer's data. The same world-class security experts who monitor this infrastructure also build and maintain our broad selection of innovative security services, which can help you simplify meeting your own security and regulatory requirements. As an AWS customer, regardless of your size or location, you inherit all the benefits of our experience, tested against the strictest of third-party assurance frameworks.
AWS implements and maintains technical and organizational security measures applicable to AWS cloud infrastructure services under globally recognized security assurance frameworks and certifications, including ISO 27001, ISO 27017, ISO 27018, PCI DSS Level 1, and SOC 1, 2, and 3. These technical and organizational security measures are validated by independent third-party assessors, and are designed to prevent unauthorized access to or disclosure of customer content.
For example, ISO 27018 is the first International code of practice that focuses on protection of personal data in the cloud. It is based on ISO information security standard 27002 and provides implementation guidance on ISO 27002 controls applicable to Personally Identifiable Information (PII) processed by public cloud service providers. This demonstrates to customers that AWS has a system of controls in place that specifically address the privacy protection of their content.
These comprehensive AWS technical and organizational measures are consistent with the goals of the PDPA to protect personal data. Customers using AWS services maintain control over their content and are responsible for implementing additional security measures based on their specific needs, including content classification, encryption, access management and security credentials.
As AWS does not have visibility into or knowledge of what customers are uploading onto its network, including whether or not that data is deemed subject to the PDPA, customers are ultimately responsible for their own compliance with the PDPA and related regulations. The content on this page supplements the existing Data Privacy resources to help you align your requirements with the AWS Shared Responsibility Model when you store and process personal data using AWS services.
